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IOWA   ECONOMIC    HISTORY    SERIES 

EDITED    BY    BENJAMIN    F.    SHAMBAUGH 


EOAD  LEGISLATION  IN  IOWA 


IOWA    ECONOMIC    HISTORY    SERIES 
EDITED     BY     BENJAMIN     F.     SHAMBAUGH 


HISTORY    OF 

ROAD    LEGISLATION 

IN   IOWA 


BY 
JOHN     E.     BRINDLEY 


PUBLISHED     AT     IOWA     CITY     IOWA     IN     1912     BY 
THE     STATE     HISTORICAL     SOCIETY     OF     IOWA 


EDITOR'S  INTRODUCTION 

There  is  a  widespread  feeling  that  highway  ad- 
ministration in  Iowa  is  inefficient  and  that  our  road 
legislation  needs  rewriting.  Indeed,  the  demand  for 
adequate  legislation  as  to  roads  is  quite  as  general  as 
the  demand  for  tax  reform.  Moreover,  wise  legislation 
in  the  one  case  as  well  as  in  the  other  will  seek  to  make 
advance  along  the  lines  of  experience.  Thus,  the  his- 
tory of  road  legislation  must  be  made  the  starting  point 
in  any  well  directed  effort  to  inaugurate  reform  meas- 
ures. To  know  what  has  been  done  and  what  is  now 
being  done,  here  and  elsewhere,  as  to  highway  admin- 
istration is  to  know  what  were  best  to  do  in  the  future. 

The  history  of  road  legislation  in  Iowa  reveals  at 
every  stage  the  supreme  importance  of  local  govern- 
ment in  the  State's  administration.  It  is  evident  that 
the  time  has  come  when  more  attention  must  be  given 
to  administration  in  the  townships  and  counties ;  for  in 
the  political  readjustments  which  are  pending  the  most 
extensive  redefinition  will  be  along  lines  of  local  admin- 
istration. Moreover,  in  the  redefinition  of  local  insti- 
tutions and  methods  of  administration  history  will 
serve  as  our  most  helpful  guide. 

BENJ.  F.  SHAMBAUGH 

OFFICE  OF  THE  SUPERINTENDENT  AND  EDITOR 

THE  STATE  HISTORICAL  SOCIETY  OF  IOWA 

IOWA  CITY  1912 

960357 

vii 


AUTHOR'S  PREFACE 

In  the  preparation  of  this  volume  on  the  History  of  Road 
Legislation  in  Iowa  the  author  has  endeavored  to  make 
that  thorough  and  impartial  study  of  the  historical  facts 
and  tendencies  which  is  demanded  not  only  for  the  Iowa 
Economic  History  Series  but  for  all  other  publications  of 
The  State  Historical  Society  of  Iowa.  Moreover,  since  it 
is  now  proposed  to  use  the  materials  of  this  volume  as  the 
basis  of  a  contribution  to  an  applied  history  series,  in  which 
the  subject  of  highways  will  be  discussed  in  reference  to  a 
rational  program  of  constructive  legislation,  exhaustive  in- 
vestigation and  disinterested  research  are  doubly  impera- 
tive. 

In  reference  to  the  scope  of  the  present  volume,  the 
reader's  attention  is  called  to  three  important  considera- 
tions. First,  the  history  of  road  legislation  is  so  closely 
connected  with  the  history  of  township  and  county  govern- 
ment that  some  overlapping  in  the  discussion  of  these 
subjects  is  unavoidable.  Second,  this  history  of  road  legis- 
lation in  Iowa  does  not  include  a  concrete  or  detailed 
consideration  of  road  and  bridge  administration  for  the 
simple  reason  that  under  the  forms  of  local  government 
which  have  prevailed  in  Iowa  these  problems  belong  pri- 
marily to  township  and  county  government;  and  so  their 
detailed  treatment  may  well  be  left  for  a  county  history 
series.  Third,  an  historical  and  comparative  analysis  of 
the  important  facts  and  tendencies  in  relation  to  construc- 

ix 


x  AUTHOR'S  PREFACE 

tive  legislation  and  to  administrative  reform  is  not  given 
in  this  volume  for  the  reason  that  a  paper  dealing  specific- 
ally with  those  phases  of  the  subject  will  appear  in  the 
Iowa  Applied  History  Series. 

Where  the  subject  of  the  present  volume  touches  the  his- 
tory of  township  and  county  government  the  author 's 
researches  covered  little  more  than  the  general  history  of 
local  administration  as  recorded  in  the  statutes.  In  this 
connection,  fortunately,  access  was  had  to  the  as  yet  un- 
published History  of  Township  Government  in  Iowa,  by  Dr. 
Clarence  E.  Aurner,  and  to  certain  chapters  of  Dr.  Frank 
H.  Garver's  History  of  County  Government  in  Iowa.  To 
both  Dr.  Aurner  and  Dr.  Grarver  the  author  is  indebted  for 
valuable  information  and  suggestions.  Moreover,  Dr. 
Aurner 's  History  of  Johnson  County,  and  Mr.  Crawford's 
The  County  Judge  System  with  Special  Reference  to  its 
Workings  in  Pottawattamie  County  are  suggestive  of  the 
possibilities  and  the  importance  of  research  in  the  field  of 
local  administration  in  Iowa.  Manifestly  the  history  of 
actual  administration  in  the  townships  and  counties  is 
essential  to  the  proper  understanding  of  problems  con- 
nected with  highways  and  bridges,  the  control  and  super- 
vision of  which  have  always  been  primarily  a  function  of 
local  administration. 

The  work  of  preparing  this  volume  was  greatly  facili- 
tated in  many  ways  by  that  most  excellent  laboratory  of 
historical  research,  The  State  Historical  Society  of  Iowa. 
Under  the  pressure  of  numerous  duties  demanding  his 
attention,  the  author  would  have  been  unable  to  complete 
the  book  for  publication  at  this  time  had  it  not  been  for  the 
invaluable  assistance  of  the  Society.  In  this  connection 


AUTHOR'S  PREFACE  xi 

special  acknowledgments  are  due  to  the  Superintendent, 
Dr.  Benj.  P.  Shambaugh,  and  the  Assistant  Editor,  Dr. 
Dan  E.  Clark,  for  carefully  editing  the  monograph  and  for 
making  some  important  additions  to  the  text  of  several  of 
the  chapters.  The  author  is  under  obligation  to  Dr.  Dan  E. 
Clark  for  the  preparation  of  the  index,  to  Miss  Eliza  L. 
Johnson  and  Miss  M.  Florence  Franzen  for  verifying  the 
references  from  the  original  sources,  and  to  Professor  L.  B. 
Schmidt  for  a  careful  reading  of  the  proof  sheets.  Mention 
should  also  be  made  of  the  courtesies  extended  by  the 
Burlington  Public  Library,  the  State  Law  Library,  and  the 
Historical  Department  of  Iowa. 

JOHN  E.  BEINDLEY 

THE  IOWA  STATE  COLLEGE  OF 

AGRICULTURE  AND  MECHANIC  ARTS 

AMES  IOWA 


CONTENTS 

I.     EAKLY  ROAD  LEGISLATION  IN  THE  TERRITORIES  OF 

MICHIGAN  AND  WISCONSIN  1833-1838       .      .         1 

II.     THE  IOWA  TERRITORIAL  PERIOD  1838-1846  .       .       29 

III.  THE  GRADED  AND  PLANK  ROAD  SYSTEM  1846- 

1851 57 

IV.  ADMINISTRATIVE  CENTRALIZATION:  THE  COUNTY 

ROAD  SUPERVISOR  1851-1853 77 

V.     ADMINISTRATIVE  DECENTRALIZATION:  THE  DIS- 
TRICT ROAD  SUPERVISOR  1853-1860     ...       99 

VI.     THE  COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS 

1860-1870 126 

VII.     PERIOD  OF  TRANSITION  1870-1884    ....  155 

VIII.    THE  GOOD  ROADS  MOVEMENT  1883-1904      .      .  184 

IX.     THE  STATE  HIGHWAY  COMMISSION  1904-1912    .  217 

X.     COMPARATIVE  STUDY  OF  ROAD  LEGISLATION  .       .  265 

APPENDIX  —  DATA  RELATIVE  TO  ROAD  ADMINIS- 
TRATION IN  THE  UNITED  STATES    ....     293 

NOTES  AND  REFERENCES 353 

INDEX   ,  .      .     403 


Xlll 


EARLY  ROAD  LEGISLATION  IN  THE  TERRITORIES 
OF  MICHIGAN  AND  WISCONSIN 

1833-1838  //  !  V  r.;J 

/     •  *  *    » *" 

No  sooner  had  the  Sac  and  Fox  Indians  vacated  the  lands 
which  had  been  ceded  to  the  United  States  by  the  treaty  of 
September  21,  1832,  than  settlers  from  all  parts  of  the 
Union  began  to  pour  into  the  Iowa  country.  Many  came  by 
way  of  the  Ohio  and  Mississippi  rivers.  But  this  was  by  no 
means  the  only  route  by  which  the  early  emigrants  reached 
the  newly  acquired  lands  west  of  the  Mississippi.  Travers- 
ing the  main  thoroughfares  of  Ohio,  Indiana,  Illinois, 
Kentucky,  and  Missouri  in  the  years  immediately  following 
the  treaty  of  1832  were  countless  emigrant  wagons  t '  slowly 
wending  their  way  over  the  broad  prairies  —  the  cattle  and 
hogs,  men  and  dogs,  and  frequently  women  and  children, 
forming  the  rear  of  the  van  —  often  ten,  twenty,  and  thirty 
wagons  in  company".1  They  were  ferried  across  the  Mis- 
sissippi on  flat-boats  which  were  propelled  by  means  of 
poles  and  oars  or  later  by  steam. 

What  determined  the  course  of  travel  for  these  pioneer 
settlers  on  their  way  to  the  new  country  ?  Established 
roads,  of  course,  there  were  none.  Indian  trails,  worn 
down  by  the  tread  of  herds  of  buffaloes,  were  sometimes 
encountered ;  and,  although  these  narrow  paths  were  better 
adapted  to  the  Indian's  single-file  mode  of  travel,  the 
pioneers  followed  them  in  not  a  few  instances  as  the  lines 
of  least  resistance.  The  Indians  and  the  buffaloes  had 
instinctively  selected  the  most  convenient  routes  along 
river  banks,  upon  the  ridges,  across  prairies,  and  through 


2  HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

timber-land  to  practicable  fording-places  in  creeks  and 
rivers.2  Where  no  trail  of  any  sort  pointed  the  way,  or 
where  trees  grew  densely  or  fallen  trunks  blocked  the  path, 
the  pioneers  selected  their  own  routes.  Eidges  afforded  the 
best  lines  of  travel  for  the  ox  and  horse  teams  and  heavy 
wagons  because  they  shed  rain  quickly  and  were  swept 
<^le%CQ  of  brush  and  leaves  and  snow  by  the  wind. 
;*'••:.*..  Frorn  1833  until  1838  there  was  an  almost  total  absence 
;  •**'".. of  jpubUc  roads  and  bridges  in  the  Iowa  country:  thorough- 
fares from  place  to  place  were  but  little  more  than  what 
nature  and  travel  made  them.  An  eminent  visitor  from 
Europe  after  riding  several  miles  across  a  newly  settled 
prairie  region  in  Iowa  declared:  "Road  is,  to  be  honest, 
mere  euphemism  here,  a  figurative  expression,  a  sort  of 
poetic  license;  as  for  a  highway,  there  was  none  or  just  a 
trail."3  As  a  matter  of  fact  the  first  roadways  in  Iowa 
were  fairly  well  suited  to  travel  —  at  least  in  dry  weather, 
when  streams  were  also  easily  fordable.  But  after  a  time 
when  wagon  wheels  had  worn  deep  grooves  in  the  prairie 
sod,  when  heavy  rains  had  filled  these  receptacles  on  level 
stretches  or  had  washed  deep  gullies  on  the  hillsides,  and 
when  sloughs  and  creeks  and  rivers  were  rendered  danger- 
ous or  absolutely  impassable  in  the  absence  of  bridges  and 
proper  drainage,  the  pioneers  found  themselves  face  to  face 
with  the  serious  problem  of  adequate  highways.  Trans- 
portation except  by  canoe  or  flat-boat  on  the  larger  streams 
of  eastern  Iowa  was  rendered  well-nigh  impossible. 

With  hauling  absolutely  necessary  and  distances  long, 
whether  to  village  or  to  mill,  the  farmers  of  the  Iowa 
country  endured  untold  hardships.  Moreover,  transporta- 
tion by  means  of  slow-moving  ox  teams  was  much  retarded 
by  the  inconvenience  of  ice  and  snow  in  the  winter  and  by 
mud  and  rain  in  the  spring.  Becoming  mired  in  some 
mucky  slough  and  thus  being  indefinitely  delayed  was  no 
uncommon  occurrence.  A  well-known  judge,  when  starting 


EARLY  EOAD  LEGISLATION  3 

on  a  twelve-mile  stage  journey  to  Iowa  City  in  1840,  in- 
quired of  the  driver  how  long  it  would  take  to  make  the 
journey.  "  About  five  hours,  if  we  can  find  the  bottom  of 
the  road ' ',  was  the  reply.  This  judge,  who  rode  his  circuit 
several  times  a  year,  has  preserved  for  posterity  a  picture 
of  the  difficulties  of  travel  in  early  Iowa  in  the  following 
words : 

We  can  hardly  realize  the  trials  and  hardships  of  law  practice 
forty  years  ago.  .  .  .  Think  of  the  forded  Iowa,  the  over- 
flowing Cedar,  the  muddy  Turkey,  the  deceitful  English,  the  quag- 
miry  Fox  Run,  the  Skunk  and  Coon,  the  Wapsy,  and  even  for  the 
most  part  the  beautiful,  placid  and  gentle  Des  Moines;  and  think 
of  them  as  I  have  known  them,  without  bridges,  without  boats,  out 
of  their  banks  and  without  bottom.  Think  too  of  the  muddy  roads 
and  bottomless  sloughs,  of  the  mere  blind  paths  from  one  village  or 
settlement  to  another.4 

The  rapid  settlement  of  the  country  west  of  the  Missis- 
sippi River,  following  the  opening  of  the  Black  Hawk 
Purchase,  necessitated  immediate  provision  for  local  gov- 
ernment. Accordingly,  the  Iowa  country,  which  had  been 
without  a  local  constitutional  status  since  the  admission  of 
Missouri  in  1821,  was  attached  to  and  made  a  part  of  the 
Territory  of  Michigan  in  June,  1834.  In  September  of  the 
same  year  a  system  of  local  government  was  actually  put 
into  operation  by  the  creation  of  the  counties  of  Dubuque 
and  Demoine,  the  establishment  of  the  townships  of  Julien 
and  Flint  Hill,  and  the  appointment  of  a  list  of  local  officials 
by  the  Governor.5  Moreover,  the  demands  for  a  more  ade- 
quate administration  of  local  affairs  led  in  1836  to  the 
establishment  of  the  original  Territory  of  Wisconsin,  and 
in  1838  to  the  creation  of  the  independent  Territory  of 
Iowa.  Thus  the  most  logical  course  of  historical  develop- 
ment for  the  local  institutions  of  Iowa  was  from  the  Old 
Northwest  through  the  Territories  of  Michigan  and  Wis- 
consin. 


4  HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

It  would,  however,  be  somewhat  misleading  to  assume 
that  the  statutes  of  the  Territory  of  Michigan  as  adopted 
or  amended  by  the  Legislative  Assembly  of  the  original 
Territory  of  Wisconsin  were  reenacted  without  important 
changes  by  the  pioneers  of  Iowa.  The  fact  that  Robert 
Lucas,  the  first  Governor  of  the  Territory  of  Iowa,  had 
come  from  Ohio  where  he  had  not  only  served  as  Governor 
but  for  years  had  occupied  a  seat  in  the  legislature,  would 
naturally  insure  attention  to  the  local  institutions  of  that 
State.6  Moreover,  when  one  considers  the  fact  that  the 
early  settlers  of  Iowa  came  from  all  parts  of  the  Union  — 
from  the  South  as  well  as  from  New  England  and  the 
Middle  "States  —  it  is  logical  to  expect  to  find  in  the  early 
local  government  of  this  Commonwealth  a  somewhat  com- 
plex structure,  the  product  of  forces  and  influences  of  which 
the  origins  are  difficult  to  trace. 

It  is  also  obvious  that  any  study  of  roads  will  of  necessity 
lead  far  into  the  history  of  township  and  county  govern- 
ment, since  the  care  of  roads  and  highways  has  always  been 
regarded  as  a  function  of  local  administration.  Indeed,  the 
problem  of  the  roads  is  a  problem  of  local  government. 
Furthermore,  a  study  of  the  history  of  road  legislation  in 
this  State  must  contain  a  review  not  only  of  the  laws  of 
Iowa  but  of  the  statutes  of  the  earlier  jurisdictions  of  the 
Old  Northwest  as  well. 

In  his  scholarly  monograph  on  the  History  of  Township 
Government  in  Iowa  Dr.  C.  R.  Aurner  compares  the  first 
law  relative  to  townships  enacted  by  the  Legislative  As- 
sembly of  the  Territory  of  Iowa  with  an  early  law  of  Ohio 
dealing  with  the  same  subject.7  In  both  of  these  laws  it  is 
made  the  duty  of  the  township  clerk  "to  record  in  a  book 
to  be  provided  by  him  for  that  purpose,  all  private  roads 
and  cart-ways,  by  the  trustees  established " — the  compen- 
sation for  such  service  being  fixed  at  nine  cents  per  hundred 
words  in  Ohio  and  at  ten  cents  per  hundred  words  in  Iowa.8 


EARLY  ROAD  LEGISLATION  5 

To  the  student  of  comparative  legislation  it  will  be  instruc- 
tive to  note  in  this  connection  that  "An  Act  to  provide  for 
laying  out  and  opening  Territorial  Roads",  passed  by  the 
First  Legislative  Assembly  of  the  Territory  of  Iowa,  was 
taken  practically  verbatim  from  the  statutes  of  Michigan 
and  Wisconsin;9  and  that  "An  Act  defining  the  duties  of 
supervisors  of  roads  and  highways"  and  "An  Act  for 
opening  and  regulating  roads  and  highways",  passed  by 
the  Second  Legislative  Assembly  of  the  Territory  of  Iowa, 
were  copied  from  the  statutes  of  Ohio.10  These  laws,  it  is 
evident,  deserve  a  detailed  consideration ;  but  before  mak- 
ing this  analysis  the  road  laws  of  the  Territory  of  Michigan 
and  of  the  original  Territory  of  Wisconsin  will  be  examined. 

In  1830  "An  Act  declaring  the  roads  established  by  the 
Government  of  the  United  States  within  the  Territory  of 
Michigan  public  highways,  and  for  other  purposes",  passed 
by  the  Legislative  Council  of  the  Territory  of  Michigan, 
provided  that  when  such  roads  were  completed  and  accepted 
by  the  general  government  they  should  be  placed  under  the 
jurisdiction  of  the  commissioners  and  overseers  of  high- 
ways of  the  several  districts  and  townships  through  which 
they  passed.11  The  commissioners  and  overseers  were, 
moreover,  given  the  same  authority  over  such  roads  as  over 
the  other  public  highways  of  their  respective  districts  or 
townships.  In  order  to  form  a  clear  understanding  of  the 
legislation  which  followed  the  passage  of  this  act,  however, 
it  is  necessary  to  make  a  brief  study  of  the  essential  fea- 
tures of  the  system  of  local  government  which  prevailed  at 
that  time. 

By  the  provisions  of  a  Michigan  act  approved  on  July 
31,  1830,  the  township  board  was  composed  of  the  super- 
visor, the  township  clerk,  and  the  justices  of  the  peace  or  a 
majority  of  them,  who  were  required  to  meet  at  the  clerk 's 
office  on  the  first  day  of  January.12  Moreover,  the  powers 
and  duties  of  the  township  supervisor  are  outlined  in  the 


6  HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

provisions  of  an  act  approved  on  April  17,  1833.  Briefly 
stated,  he  was  obliged  to  receive  and  disburse  all  moneys 
raised  in  the  township  for  all  township  purposes,  except 
moneys  raised  for  the  support  of  the  poor;  and  he  was 
required  to  render  a  true  and  complete  account  of  receipts 
and  expenditures,  which  was  to  be  audited  by  the  justices 
of  the  peace  and  the  township  clerk.13  In  fact,  the  township 
board  in  their  warrant  to  the  collector  of  each  respective 
town  (township)  required  him  to  pay  the  sums  raised  and 
collected  for  town  (township)  purposes  into  the  hands  of 
the  supervisor  of  the  town  (township).14  Thus  it  appears 
that  the  supervisor  from  a  legislative  standpoint  was  an 
important  county  official,  while  from  a  fiscal  standpoint  he 
was  a  township  official  possessing  large  powers  and  respon- 
sibilities. 

From  an  examination  of  the  statute  laws  it  is  apparent 
that  by  1834  a  complete  system  of  township  organization 
and  government  had  been  established  in  the  Territory  of 
Michigan.  The  inhabitants  of  the  several  townships  of  the 
Territory  who  were  qualified  to  vote  for  Delegate  to  Con- 
gress had  the  right  to  meet  annually  on  the  first  Monday  in 
April  and  select  the  following  township  officers :  one  super- 
visor, one  town  clerk,  not  less  than  three  nor  more  than 
five  assessors,  one  collector,  two  directors  of  the  poor, 
three  commissioners  of  highways,  as  many  constables, 
fence  viewers,  and  pound-masters  as  might  be  necessary, 
and  a  number  of  overseers  of  highways  corresponding  to 
the  number  of  road  districts  in  each  of  the  townships.15 
It  is  evident  that  the  township  had  become  a  very  important 
unit  of  government  with  reference  to  the  assessment  of 
property  and  the  collection  of  taxes  on  the  one  hand;  and 
in  the  laying  out,  building,  and  maintaining  of  roads  on  the 
other  hand.  The  influence  of  New  England  and  New  York 
is  clearly  seen  in  this  legislation.  In  fact,  the  county  board 
of  supervisors,  composed  as  it  was  of  representatives  from 


EARLY  ROAD  LEGISLATION  7 

the  civil  townships,  was  modeled  after  the  New  York  or 
township-county  system.  Judged  from  the  important 
standpoint  of  representation  it  was  in  reality  a  township 
rather  than  a  county  board. 

Now  the  .significance  of  the  legislation  enacted  by  the 
Territory  of  Michigan  prior  to  September,  1834,  is  apparent 
from  the  provisions  of  an  act  of  the  Legislative  Council 
approved  on  September  6,  1834,  establishing  the  counties  of 
Dubuque  and  Demoine  and  creating  the  townships  of  Julien 
and  Flint  Hill  west  of  the  Mississippi  Eiver.  Among  other 
things  this  act  provides  that  "All  laws  now  in  force  in  the 
county  of  Iowa,  not  locally  inapplicable,  shall  be  and  hereby 
are  extended  to  the  counties  of  Dubuque  and  Demoine,  and 
shall  be  in  force  therein".16  In  other  words,  the  acts  deal- 
ing with  the  subject  of  roads  passed  prior  to  September, 
1834,  are  directly  connected  with,  indeed  form  a  part  of, 
the  early  history  of  road  legislation  in  the  Territory  of 
Iowa  which  will  be  considered  in  Chapter  II. 

Turning  now  to  the  more  important  statutes  enacted  by 
the  Territory  of  Michigan  on  the  subject  of  roads  and  road 
administration  it  appears  that  "An  Act  to  regulate  High- 
ways "  approved  on  April  17,  1833,  is  very  comprehensive 
and  gives  a  detailed  outline  of  the  methods  employed  in 
building  and  maintaining  roads  and  bridges.  By  the  pro- 
visions of  this  act  it  was  made  the  duty  of  the  commis- 
sioners of  highways  to  give  directions  relative  to  the 
repairing  of  roads  and  bridges  within  their  townships;  to 
regulate  roads  already  laid  out  and  alter  such  as  a  majority 
of  them  might  deem  convenient  and  desirable;  to  see  that 
all  roads  were  entered  on  record  in  the  township  clerk's 
office;  to  keep  in  repair  all  highways  and  bridges;  to  see 
that  due  and  proper  notice  was  given  to  persons  assessed 
to  work  on  the  highways ;  and  to  have  full  power  and  lawful 
authority  within  certain  restrictions  to  lay  out  new  roads, 
when  the  same  were  deemed  necessary  and  proper,  and  to 


8  HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

discontinue  old  roads  and  highways.  In  other  words,  the 
commissioners  of  highways,  who  were  elected  annually, 
possessed  extensive  powers  of  supervision  and  control  in 
regard  to  the  construction  and  maintenance  of  both  high- 
ways and  bridges.17 

In  order  to  carry  out  the  actual  work  of  road  administra- 
tion, the  township  commissioners  of  highways  or  a  majority 
of  them  were  clothed  with  authority  to  divide  the  township 
into  a  convenient  number  of  road  districts  and  to  assign  to 
each  district  a  resident  overseer.  This,  of  course,  meant 
further  decentralization  in  the  important  work  of  road 
supervision  —  the  township  being  broken  up  into  sub- 
districts  for  that  purpose. 

The  general  powers  and  duties  of  the  overseers  of  high- 
ways, as  prescribed  by  the  statute  under  consideration,  are 
defined  in  these  words : 

That  it  shall  be  the  duty  of  overseers  of  highways  to  repair  and 
keep  in  order  the  highways  within  the  several  districts  for  which 
they  shall  be  elected;  to  warn  all  persons  assessed  to  work  on  the 
highways  in  their  respective  districts  to  come  and  work,  when  re- 
quired to  do  so  by  the  commissioners  or  any  of  them ;  to  collect  all 
commutation  money,  and  to  execute  all  such  orders  of  the  com- 
missioners of  the  township  to  which  they  belong,  as  shall  be  given 
them  in  conformity  to  law;  and  if  any  overseer  shall  be  employed 
more  days  in  executing  the  several  duties  enjoined  on  him  by  this 
act  than  he  is  assessed  to  work  on  the  highways,  he  shall  be  paid  for 
the  excess  at  the  rate  of  seventy-five  cents  per  day,  and  be  allowed 
to  retain  the  same  out  of  the  monies  which  may  come  into  his  hands 
for  fines,  in  conformity  to  this  act,  but  shall  not  be  permitted  to 
commute  for  the  days  he  is  assessed.18 

All  freeholders  and  every  free  male  inhabitant  between 
the  ages  of  twenty-one  and  fifty,  except  clergymen,  were 
required  to  work  on  the  highways.  The  commissioners  of 
highways  in  each  township  were  directed  to  hold  an  annual 
meeting  on  the  fifteenth  day  of  May  and  to  meet  as  often 


EARLY  ROAD  LEGISLATION  9 

thereafter  as  seemed  necessary.  At  the  meeting  of  the 
commissioners  the  township  clerk  presented  a  complete  list 
of  all  the  persons  residing  in  the  township  liable  for  high- 
way taxes  —  which  list  had  been  received  from  the  various 
road  overseers.  On  the  basis  of  this  list  the  township  com- 
missioners of  highways  were  required  to  apportion  the 
necessary  amount  of  highway  labor  among  the  persons  re- 
turned by  the  overseers  of  the  various  road  districts.  The 
apportionment  of  work  having  been  made,  the  township 
clerk  was  required  to  prepare  a  copy  of  the  lists  and  after 
signing  and  attaching  warrants  thereto,  to  deliver  the  same 
to  the  overseers,  which  lists  served  as  a  basis  for  actual 
work  in  each  road  district.19  It  is  thus  apparent  that  the 
road  overseers,  the  township  commissioners  of  highways, 
and  the  township  clerk  formed  a  definite  local  organization 
for  the  administration  of  roads  and  bridges. 

The  actual  work  of  the  overseers  of  highways  in  the  sub- 
districts  of  the  township  is  clearly  outlined  in  the  statute. 
Among  other  duties,  they  were  given  authority  to  make  an 
assessment  for  extra  work  to  be  apportioned  as  nearly  as 
possible  on  the  same  basis  as  regular  work  and  not  to  ex- 
ceed one-third  of  the  number  of  days  already  assessed  in 
the  same  year.  The  overseer  also  allowed  credit  for  teams 
and  tools  as  outlined  in  the  statute  and  received  payment 
in  cash  when  any  taxpayer  so  desired,  the  money  being 
applied  and  expended  for  the  improvement  of  roads  and 
bridges  in  the  same  district.  Finally,  it  was  the  duty  of 
overseers  of  highways  to  give  at  least  two  days'  notice  to 
all  persons  assessed  to  work  on  the  highways  and,  in  case 
of  refusal  to  work  or  to  pay  the  amount  in  cash,  the  over- 
seer was  given  power  by  virtue  of  his  warrants  to  collect 
the  same,  together  with  the  penalty  prescribed  by  law.20 

The  commissioners  of  highways  in  the  several  townships 
were  given  authority  to  assess  upon  all  farms  owned  by 
non-residents  a  due  and  equitable  proportion  of  the  high- 


10         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

way  tax  according  to  the  valuation  made  by  the  assessor. 
In  case  the  non-resident  failed  to  have  the  necessary  labor 
performed  or  to  pay  the  commutation  money  in  lieu  thereof, 
it  was  made  the  duty  of  the  overseer  to  report  the  same  to 
the  commissioners  of  highways,  who  in  turn  were  required 
to  post  in  some  public  place  an  accurate  description  of  the 
land  owned  by  the  non-resident,  which  description  was  filed 
with  the  treasurer  of  the  county,  and  the  lands  thus  taxed 
were  made  liable  in  the  same  manner  and  under  the  same 
penalties  as  in  the  case  of  failure  to  pay  county  taxes.  The 
commissioners  also  had  the  power  to  direct  the  overseer  of 
highways  to  purchase  scrapers  and  other  tools  necessary 
in  working  the  roads. 

After  the  actual  work  on  the  roads  was  completed,  it  was 
made  the  duty  of  the  overseers  of  highways  to  ' l  render  an 
account  to  the  commissioners  of  the  township,  or  any  two 
of  them,  who  shall  meet  together  on  that  day  for  the  pur- 
pose of  receiving  such  returns,  of  all  persons  assessed  to 
work  on  the  highways  in  the  district  of  which  he  is  overseer ; 
of  all  those  who  have  actually  worked  on  the  road  or  high- 
way, with  the  number  of  days  they  have  so  worked;  of  all 
those  who  have  commuted,  of  the  manner  in  which  the 
monies  arising  from  commutations  have  been  expended; 
and  shall  pay  to  the  said  commissioners  all  monies  remain- 
ing in  his  hands  unexpended,  to  be  applied  in  making  and 
improving  the  roads  and  bridges  in  said  township,  in  such 
manner  as  they  shall  direct;  and  if  any  overseer  shall 
neglect  or  refuse  to  render  such  account,  or,  having  ren- 
dered such  account,  shall  refuse  or  neglect  to  pay  any 
balance  which  may  then  be  payable  by  him,  he  shall  forfeit 
the  sum  of  five  dollars ;  which  said  penalty  and  balance,  so 
unpaid,  shall  be  recovered  by  the  said  commissioners,  or 
the  survivor  or  survivors  of  them,  in  their  or  his  name,  by 
action  of  debt,  in  any  court  having  cognizance  thereof,  with 
costs  of  suits ;  and  the  forfeiture  so  recovered  shall,  by  the 


EARLY  ROAD  LEGISLATION  11 

commissioners,  or  such  survivor  or  survivors  of  them,  be 
applied  in  making  and  improving  the  roads  and  bridges  in 
such  township."21 

Penalties  were  imposed  upon  all  overseers  of  highways 
who  neglected  or  refused  to  carry  out  their  duties  as  pre- 
scribed by  law.  In  case  of  any  vacancy  in  the  office  of 
overseer,  by  death  or  otherwise,  the  commissioners  of  the 
township  in  which  the  vacancy  occurred  were  clothed  with 
authority  to  appoint  a  successor  possessing  the  same  pow- 
ers, subject  to  the  same  orders  and  liable  to  the  same  fines, 
forfeitures,  and  penalties  as  the  overseer  elected  or  ap- 
pointed in  the  first  instance. 

The  method  of  laying  out  roads  through  improved  or 
orchard  land  is  described  in  detail  by  the  act,  the  commis- 
sioners of  highways  being  given  authority  to  lay  out  such  a 
road  on  application  of  twelve  freeholders  of  the  township 
certifying  that  the  same  was  necessary  and  proper.  In 
case  roads  were  actually  laid  out  through  cultivated,  im- 
proved, or  orchard  land,  the  owner  was  allowed  the  damages 
which  he  had  sustained,  the  same  to  be  determined  and 
assessed  by  two  justices  of  the  peace  and  by  the  oath  of 
twelve  freeholders  not  having  an  interest  in  the  land  to  be 
laid  out  as  a  road  or  highway,  or  by  three  commissioners 
appointed  by  a  judge  of  the  circuit  court  of  the  county  in 
which  the  land  was  situated.22 

In  case  of  a  disagreement  between  the  commissioners  of 
different  townships  in  regard  to  the  laying  out  of  a  new 
road,  or  the  alteration  of  an  old  road  extending  into  both 
townships,  it  was  made  the  duty  of  the  two  boards  of  com- 
missioners to  meet  together  at  the  request  of  either  board 
and  make  their  determination  upon  the  subject  of  their 
disagreement.  It  was  further  provided  that  roads  located 
upon  the  line  between  two  townships  should  be  laid  out  by 
two  or  more  of  the  commissioners  of  highways  of  each  of 
the  townships,  the  same  to  be  divided  into  two  road  dis- 


12         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

tricts,  one  to  be  located  in  each  township.  The  method  of 
laying  out  and  working  private  roads  was  also  specifically 
defined  by  the  statute.23 

By  the  provisions  of  the  act  under  consideration,  public 
roads  laid  out  by  the  township  commissioners  of  highways 
were  required  to  be  not  less  than  four  rods  wide,  while 
private  roads  were  not  to  be  less  than  two  rods  wide. 
Public  roads  were  to  be  opened  within  six  years  after  the 
passing  of  the  act  or  within  six  years  from  the  time  the 
same  were  laid  out,  otherwise  such  roads  ceased  to  be  public 
highways  for  any  purpose  whatsoever.  Moreover,  all  pub- 
lic highways  laid  out  according  to  law  and  of  which  a 
record  was  kept  in  the  office  of  the  county  clerk  continued 
to  be  public  highways  unless  altered  or  changed  in  con- 
formity with  the  provisions  of  law. 

Penalties  were  prescribed  for  the  obstructing  of  any 
highways ;  and  the  money  thus  obtained  was  to  be  paid  into 
the  hands  of  the  commissioners  of  highways  and  be  applied 
in  improving  the  public  roads  and  bridges  of  the  township 
where  the  penalty  was  imposed.  The  law  also  specified  the 
method  of  removing  encroachments  from  highways,  pro- 
vided necessary  penalties  in  case  the  same  were  not  re- 
moved, and  further  stipulated  the  exact  method  for  fixing  or 
determining  the  penalties.24 

The  extent  to  which  the  administration  of  roads  and 
bridges  was  at  this  time  (1833)  a  township  function  is  ap- 
parent when  one  considers  the  large  powers  conferred  upon 
the  commissioners  of  highways  at  every  stage  in  the  prog- 
ress of  the  work.  The  section  outlining  the  nature  of  the 
report  made  by  the  commissioners  of  highways  at  the  close 
of  the  year  for  which  they  were  elected  reads  as  follows : 

That  the  commissioners  of  highways  in  each  of  their  respective 
townships  shall  render  to  the  supervisors,  township  clerks  and 
justices  of  the  peace,  or  a  majority  of  them,  at  their  meetings  on  the 
Tuesdays  preceding  the  annual  township  meeting,  an  account  of  the 


EARLY  ROAD  LEGISLATION  13 

labor  assessed  and  performed  on  the  highways  in  their  respective 
townships,  and  of  the  sums  received  by  them  for  fines  and  com- 
mutations, and  all  other  monies  received  under  this  act,  and  the 
improvements  which  have  been  made  on  the  roads  and  bridges  in 
their  respective  townships  during  the  year  immediately  preceding 
such  report,  together  with  an  account  of  the  state  of  such  roads  and 
bridges,  with  a  statement  of  the  improvements  necessary  to  be  made 
thereon,  in  any  particular  road  district,  and  an  estimate  of  the 
probable  expense  of  making  such  improvements,  beyond  what  the 
labor  to  be  assessed  in  such  district  in  that  year  will  accomplish; 
and  the  said  supervisor,  township  clerk  and  justices,  at  their  meet- 
ing as  aforesaid,  shall  examine  said  account  and  make  out  a  cer- 
tificate containing  the  substance  thereof,  and  deliver  the  same 
certificate  to  the  township  clerk  of  said  township,  to  be  by  him  kept 
on  file,  for  the  inspection  of  any  of  the  inhabitants  of  said  township  ; 
and  the  commissioners  shall,  under  their  hands,  declare  to  the 
supervisor  of  such  township  a  like  statement  of  the  improvements 
necessary  to  be  made  in  any  particular  road  district,  on  the  roads 
or  bridges,  and  that  in  their  opinion  the  labor  to  be  assessed  in  such 
district,  in  such  year,  will  not  be  sufficient  to  make  such  improve- 
ment, but  that  the  inhabitants  would  be  overburthened,  to  be  re- 
quired to  perform  the  same  without  aid  from  the  township,  and  in 
that  statement  set  forth  the  sum  they  would  recommend  for  that 
object,  and  the  said  supervisor  shall  lay  the  same  before  the  board 
of  supervisors  at  their  next  meeting ;  and  the  said  board  of  super- 
visors are  hereby  required  to  cause  the  same  to  be  assessed,  levied, 
and  collected,  in  such  township,  in  the  same  manner  the  other  con- 
tingent charges  are  by  law  directed  to  be  levied  and  collected,  and 
which  sums,  when  so  collected,  shall  be  paid  over  without  delay,  by 
the  collector  of  such  township,  out  of  the  first  monies  coming  into 
his  hands,  except  the  money  raised  in  such  township  for  the  support 
of  the  poor  thereof ;  to  be  paid  to  the  township  clerk  of  such  town- 
ship, and  by  him  to  the  overseer  of  the  road  district  where  the  same 
is  to  apply,  on  the  order  of  one  or  more  of  the  commissioners  of 
highways  of  such  township :  Provided,  That  the  monies  to  be  raised 
as  aforesaid,  in  any  one  township,  and  in  any  one  year,  for  such 
purpose,  shall  not  exceed  one  hundred  dollars.25 


14         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The  decentralization  of  the  system  providing  for  the  ad- 
ministration of  roads  and  bridges  is  obvious  from  a  careful 
reading  of  the  section  just  quoted.  The  work  of  supervision 
and  control  was  parcelled  out  among  a  large  group  of  local 
officials  without  any  scientific  plan  or  definite  purpose.  The 
method,  however,  of  dividing  the  expense  between  the  town- 
ship and  the  road  districts  concerned,  in  order  that  the 
inhabitants  of  a  certain  road  district  might  not  be  over- 
burdened, is  worthy  of  special  mention  since  it  has  a  direct 
bearing  upon  the  problem  of  properly  distributing  road  and 
bridge  taxes  between  the  various  units  of  government  — 
State,  county,  and  local. 

In  order  to  prevent  the  taxpayers  of  any  particular  town- 
ship from  being  unreasonably  overburdened  by  erecting  or 
repairing  any  necessary  bridge  or  bridges  in  such  township, 
the  county  board  of  supervisors  was  given  authority  to  levy 
a  regular  county  tax  to  meet  all  or  such  part  of  the  expense 
as  they  might  deem  proper  for  that  purpose.  The  money 
thus  collected  was  paid  over  to  the  commissioners  of  high- 
ways of  the  township  in  which  the  same  was  to  be  expended 
on  the  order  of  the  supervisor.  The  purpose  of  this  pro- 
vision was  obviously  to  bring  about  a  more  equitable  dis- 
tribution of  road  taxes  as  between  county  and  townships. 
In  other  words,  the  road  law  under  consideration  provided 
a  method  of  apportioning  extraordinary  burdens,  first  as 
between  the  township  and  the  road  district,  and  second,  as 
between  the  county  and  the  township. 

After  stipulating  that  the  township  commissioners  of 
highways  should  cause  proper  guideposts  to  be  erected26 
and  be  allowed  one  dollar  per  day  for  every  day  they  were 
employed  in  carrying  out  their  official  duty,  the  act  provides 
an  additional  safeguard  for  the  rights  of  the  individual. 
In  case  any  persons  were  not  satisfied  with  the  determina- 
tion of  the  commissioners  of  highways  either  in  laying  out, 
altering,  or  discontinuing  highways,  or  with  any  refusal  to 


EARLY  ROAD  LEGISLATION  15 

lay  out  or  alter  or  discontinue  any  road,  they  were  given  the 
privilege  within  twenty  days  thereafter  to  appeal  to  the 
judges  of  the  circuit  court,  who  were  required  to  meet  at 
the  earliest  convenient  date  and  determine  whether  the 
grievance  was  well  founded.  It  was  further  provided  that 
roads  laid  out  in  accordance  with  the  decision  of  judges 
could  be  changed  only  by  order  of  the  same  judges  or  of 
their  successors  in  office.  Briefly  stated,  this  clause  pro- 
vided for  a  definite  judicial  administration  of  highways 
under  certain  conditions,  which  might  protect  the  rights  of 
the  individual,  but  which  did  not  necessarily  insure  the 
efficient  administration  of  law.  This  provision  meant  a 
further  decentralization  in  road  administration.  In  other 
words,  it  emphasized  individualism  at  the  sacrifice  of 
efficiency. 

As  a  matter  of  fact,  one  of  the  most  important  character- 
istics of  the  Michigan  road  law  of  1833  was  the  extent  to 
which  authority  was  carefully  parcelled  out  among  a  group 
of  local  officials.  Thus  it  is  that  in  the  study  of  road  legis- 
lation one  meets  with  the  fundamental  principle  of  our 
constitutional  and  legal  system  that  the  rights  of  the  in- 
dividual may  be  best  conserved  by  following  to  its  logical 
conclusion  the  so-called  doctrine  of  the  separation  of 
powers.  Moreover,  this  principle,  which  underlies  the 
organization  of  both  the  Federal  and  State  governments, 
has  in  a  large  measure  been  adopted  in  the  field  of  local 
government.  Thus  in  the  law  under  consideration  there  is 
evident  a  careful  balancing  of  authority  and  power  between 
the  county,  the  township,  and  the  road  district  or  sub- 
division of  the  township.  Not  content  with  dividing  up  the 
supervision  of  highways  between  the  county  board  of 
supervisors  acting  as  a  county  legislative  body  (each  super- 
visor acting  as  the  legislator  of  his  township),  the  township 
commissioners  of  highways,  the  sub-district  overseers  of 
highways,  the  juries  of  freeholders  appointed  for  various 


16         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

purposes,  the  township  collector,  and  the  township  clerk, 
the  Michigan  statute  provides  for  an  appeal  to  the  judges 
of  the  circuit  court  to  guarantee  still  further  the  rights  or 
supposed  rights  of  the  individual.  It  should  be  especially 
noted  that  the  appeal  was  not  made  merely  for  a  judicial 
purpose,  but  that  the  administration  of  roads  under  such 
conditions  was  actually  placed  in  the  hands  of  the  court. 
Considered  from  the  standpoint  of  local  government  the 
Michigan  statute  is  an  example  of  how  the  work  of  admin- 
istration may  be  broken  up,  decentralized,  and  dismem- 
bered so  that  practically  nothing  is  left  except  a  confused 
mass  of  statutory  provisions. 

Moreover,  it  should  be  observed  in  this  connection  that 
while  there  were  laws  on  the  statute  books,  very  little  in  the 
way  of  actual  work  was  done  on  the  roads  in  the  sparsely 
settled  region  west  of  the  Mississippi  during  the  years  from 
1834  to  1836  when  the  Iowa  country  was  under  the  juris- 
diction of  the  Territory  of  Michigan.  The  settlements  for 
the  most  part  clung  to  the  banks  of  rivers  and  creeks,  and 
waterways  were  the  avenues  most  used  for  the  marketing 
of  farm  products.  Furthermore,  the  pioneers  were  primari- 
ly interested  during  the  first  years  in  building  houses  and 
clearing  the  land.  Hence  it  is  probable  that  little  effort, 
official  or  unofficial,  was  made  to  improve  the  condition  of 
the  old  Indian  trails,  which  were  practically  the  only  roads 
of  that  day,  except  perhaps  to  throw  a  few  new  logs  across 
a  muddy  creek  or  to  clear  a  new  path  through  the  forest. 

The  cumbersome  and  confused  system  of  road  adminis- 
tration adopted  in  the  Territory  of  Michigan  was  not, 
however,  required  by  the  pioneer  conditions  which  pre- 
vailed in  the  original  Territory  of  Wisconsin.  The  country 
was  sparsely  settled,  and  for  that  reason,  if  for  no  other,  a 
larger  unit  of  organization  and  administration  seemed  to 
be  desirable.  And  so  an  act  was  passed  by  the  Council  and 
House  of  Representatives  of  the  Territory  of  Wisconsin 


EARLY  ROAD  LEGISLATION  17 

and  approved  on  December  7,  1836,  amending  a  series  of 
Michigan  acts,  including  the  one  regulating  highways  which 
was  approved  on  April  17,  1833.  The  Wisconsin  statute 
provided  that  "each  county  within  this  Territory  now 
organized  or  that  may  be  hereafter  organized,  be  and  the 
same  is  hereby  declared  one  township,  for  all  the  purposes 
of  carrying  into  effect  the  above  recited  acts,  and  that  there 
shall  be  elected  at  the  annual  town  meeting  in  each  township 
three  supervisors,  who  shall  perform,  in  addition  to  the 
duties  heretofore  assigned  them  as  a  county  board,  the 
duties  heretofore  performed  by  the  township  board.  "2T 
The  same  statute  stipulated  that  the  township  clerk  elected 
in  each  county  should,  in  addition  to  the  duties  already 
prescribed,  perform  the  duties  of  clerk  of  the  board  of 
supervisors.  Finally,  the  sum  required  to  commute  for 
work  on  the  highways  was  increased  to  $1.25  per  day.  In 
other  words,  the  basis  of  local  administration  was  in  name 
the  township,  but  in  fact  it  was  the  county :  the  duties  here- 
tofore performed  by  the  township  board  were  now  placed 
in  the  hands  of  three  county  supervisors. 

By  the  time  the  original  Territory  of  Wisconsin  was 
established  in  1836  the  settlements  west  of  the  Mississippi 
had  extended  further  into  the  interior,  away  from  the 
larger  rivers  and  streams,  and  the  need  of  more  adequate 
roads  began  to  be  keenly  felt.  Moreover,  thriving  towns 
had  sprung  up  from  one  end  of  the  Black  Hawk  Purchase 
to  the  other,  and  there  arose  the  necessity  of  routes  for 
overland  communication  between  these  towns  which  would 
be  at  least  reasonably  dependable  during  all  seasons  of  the 
year.  The  financial  condition  of  the  people  and  the  fact 
that  the  settlements  were  widely  scattered  seemed  to  re- 
quire something  more  than  laws  providing  for  the  laying 
out  and  improvement  of  roads  by  local  authorities.  And 
so  the  Legislative  Assembly  established  the  policy  of  pro- 
viding by  law  for  the  laying  out  and  opening  of  what  were 


18         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

known  as  Territorial  roads  between  the  principal  towns  and 
settlements  of  the  Territory  in  order  to  facilitate  trade 
and  travel  and  promote  the  settlement  of  the  country,  the 
expense  of  laying  out  and  caring  for  such  roads  being  paid 
by  the  counties  through  which  they  passed. 

Thus  was  inaugurated  the  practice  of  establishing  Terri- 
torial roads  in  the  Iowa  country  by  special  acts  of  the 
legislature  —  a  custom  which  was  not  abandoned  until  the 
State  of  Iowa  adopted  its  second  Constitution  in  1857. 
During  the  two  years  from  1836  to  1838  three  Territorial 
roads  were  established  in  that  part  of  the  original  Terri- 
tory of  Wisconsin  which  lay  west  of  the  Mississippi  Eiver, 
while  others  were  laid  out  in  what  is  now  the  State  of 
Wisconsin.28 

The  first  road  mentioned  in  connection  with  the  Iowa 
country  was  provided  for  by  "An  Act  to  locate  and  estab- 
lish a  territorial  road  west  of  the  Mississippi",  which  may 
be  cited  as  typical  of  the  acts  establishing  Territorial 
roads  passed  during  the  Wisconsin  period.  Enacted  by  the 
Council  and  House  of  Eepresentatives  of  the  Territory  of 
Wisconsin  in  1836  this  statute  provided  that  Abel  Galland, 
Solomon  Perkins,  Benjamin  Clarke,  Adam  Sherrill,  Wil- 
liam Jones,  and  Henry  F.  Lander  should  act  as  commis- 
sioners "to  make  and  lay  out  a  territorial  road  west  of  the 
Mississippi,  commencing  at  Farmington  on  the  Des  Moines 
river,  thence  to  Moffit  's  mill,  thence  on  the  nearest  and  best 
route  to  Burlington,  in  Des  Moines  county,  thence  to 
Wapello,  thence  by  the  nearest  and  best  route  to  Dubuque, 
and  thence  by  the  nearest  and  best  route  to  the  ferry  op- 
posite Prairie  du  Chien."29  The  road  thus  surveyed  and 
layed  out  was  to  be  marked  "by  stakes  in  the  prairie  at  a 
reasonable  distance  apart,  and  by  blazing  trees  in  the 
timber  ". 

The  act  provided  in  detail  as  to  the  meeting  place  of  the 
commissioners,  the  appointment  of  competent  surveyors 


EARLY  ROAD  LEGISLATION  19 

and  chain  carriers,  and  for  the  payment  of  the  same.  The 
surveyor  or  surveyors  were  required  to  "make  out,  a  true 
and  correct  plat  and  field  notes  by  him  or  them  kept  in 
locating  said  road,  within  one  month  from  the  completion 
of  the  survey  thereof  ".30  One  copy  of  the  plat  and  field 
notes  was  filed  in  the  office  of  the  clerk  of  each  county 
through  which  the  contemplated  road  passed,  and  the  clerks 
of  the  various  counties  were  required  to  record  and  pre- 
serve the  same,  and  the  road  when  completed  was  to  be 
forever  a  highway.31  Moreover,  the  road  thus  provided  for 
was  to  be  kept  in  repair  in  the  same  manner  as  county 
roads,  but  no  part  of  the  expenses  incurred  or  damages 
sustained  by  any  person  laying  out  the  same  was  to  be  paid 
out  of  the  Territorial  treasury. 

The  commissioners  appointed  to  lay  out  this  road  were 
required  within  three  months  after  the  completion  of  the 
survey  to  make  a  report  of  the  manner  in  which  their  duties 
had  been  discharged,  including  the  estimated  cost  of  con- 
structing the  necessary  bridges.  One  copy  of  this  report 
was  to  be  filed  in  the  office  of  the  clerk  of  the  district  court 
of  each  county  through  which  the  road  passed.32 

It  was  not  alone  by  special  acts,  however,  that  provision 
was  made  for  the  laying  out  of  Territorial  roads,  for  on 
January  3,  1838,  there  was  approved  "An  Act  to  provide 
for  laying  out  and  opening  territorial  roads",  which  was 
general  in  character.  In  the  first  section  of  this  act  it  was 
stated  that  all  Territorial  roads  established  in  the  future 
should  "be  viewed,  surveyed  and  established,  and  returns 
made  thereof,  agreeably  to  the  provisions  of  this  act,  within 
two  years  from  the  passage  of  the  act  by  which  said  road 
or  roads  may  be  granted,  or  authorized  to  be  laid  out 
respectively. "  The  commissioners  appointed  to  establish 
the  road  were  required  to  cause  a  correct  survey  to  be  made, 
to  mark  the  route  by  stakes  or  by  the  blazing  of  trees,  and 
to  set  mileposts  which  should  be  numbered  in  regular  pro- 
gression from  the  beginning  to  the  termination  of  the  road. 


20         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Furthermore,  the  commissioners  and  the  surveyor  were 
required  to  file  with  the  Secretary  of  the  Territory  i '  a  cer- 
tified return  of  the  survey,  and  plat,  of  the  whole  length  of 
said  road,  specifying  in  said  return  the  width,  depth  and 
course  of  all  streams,  the  position  of  all  swamps  and 
marshes,  and  the  face  of  the  country  generally,  noting  when 
timber,  and  when  prairie,  and  the  distance  said  road  shall 
have  been  located  in  each  county. "  There  was  also  to  be 
deposited  with  the  clerk  of  the  board  of  county  commission- 
ers of  each  county  through  which  the  road  passed  a  similar 
plat  for  that  portion  of  the  road  which  was  located  in  the 
county  in  question.  All  Territorial  roads  were  to  be  sixty- 
six  feet  in  width,  and  all  expenses  incurred  in  their  estab- 
lishment and  maintenance  were  to  be  borne  by  the  counties 
through  which  they  passed  on  the  basis  of  an  equitable 
apportionment.33 

Turning  again  to  the  general  history  of  road  legislation 
it  will  be  noted  that  in  "  An  Act  for  opening  and  repairing  or 
vacating  public  roads  and  highways  ",  passed  by  the  Coun- 
cil and  House  of  Representatives  of  the  Territory  of 
Wisconsin  and  approved  on  January  15, 1838,  there  appears 
a  complete  and  radical  change  from  the  township  to  the 
county  system  of  road  administration.34  As  a  matter  of 
fact  the  act  of  December  7,  1836,  by  providing  for  three 
county  supervisors,  who  were  required  to  perform  the 
duties  that  had  previously  been  assigned  to  the  township 
board,  paved  the  way  for  this  important  change  in  local 
administration.  Unfortunately  no  contemporary  evidence 
aside  from  the  statutes  themselves  seems  to  exist  in  refer- 
ence to  the  reasons  which  prompted  this  change  to  the 
county  system  of  road  administration. 

By  the  provisions  of  an  act  approved  on  December  20, 
1837,  entitled  "An  Act  organizing  a  board  of  county  com- 
missioners in  each  county  in  this  territory",  county  govern- 
ment was  placed  in  the  hands  of  three  commissioners  who 


EARLY  ROAD  LEGISLATION  21 

were  elected  for  a  term  of  three  years,  one  retiring  each 
year.35  The  old  board  of  supervisors  was  required  to  de- 
liver over  all  the  books  and  other  office  records  to  the  newly 
constituted  county  commissioners  at  their  first  meeting. 
The  commissioners,  moreover,  were  given  extensive  powers 
and  authority,  including  the  general  supervision  of  roads 
and  bridges.  This  meant,  at  least  on  paper,  a  large  degree 
of  centralization  in  the  work  of  actual  road  administration. 

In  the  matter  of  highways  the  Wisconsin  act  of  January 
15, 1838,  provides  that  "the  board  of  county  commissioners 
shall  have  authority  to  make  and  enforce  all  orders  neces- 
sary, as  well  for  establishing  and  opening  new  roads,  as  to 
change  or  vacate  any  public  road  or  part  thereof,  in  their 
respective  counties.  "36  Applications  for  new  roads  were 
to  be  made  by  petition  signed  by  at  least  fifteen  house- 
holders of  the  township  in  which  the  road  was  desired, 
specifying  in  detail  its  location.  Notices  were  posted  in 
three  or  more  public  places  and  the  petition  was  publicly 
read.  After  the  requirements  of  law  as  to  petition  and 
notice  had  been  complied  with,  the  board  of  county  com- 
missioners, if  they  regarded  the  road  necessary,  appointed 
three  disinterested  electors  of  the  county  to  act  as  viewers 
who  were  required  to  lay  out  the  road  and  file  a  report  of 
the  same.37 

After  receiving  the  certified  copy  of  the  report  submitted 
by  the  viewers,  the  board  of  county  commissioners  was 
clothed  with  authority  to  have  the  proposed  road  opened 
and  repaired  a  necessary  width,  not  exceeding  sixty-six 
feet,  after  which  it  was  considered  a  public  highway.  Thus 
it  is  apparent  that  the  real  power  in  the  matter  of  laying 
out  and  opening  roads  under  the  Wisconsin  statute  was  in 
the  hands  of  the  county  board  —  the  viewers  merely  acted 
as  agents  of  the  board  for  carrying  out  certain  detailed 
work  and  filing  a  report. 

While  the  law  thus  brought  about  a  considerable  measure 


22         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

of  centralization  in  the  work  of  highway  administration,  it 
must  not  be  supposed  that  the  rights  and  privileges  of  the 
individual  taxpayer  were  not  carefully  safeguarded.  As  a 
matter  of  fact  the  individual  was  protected  in  a  great  many 
ways  against  possible  injustice.  First  of  all,  if  any  person 
" through  whose  land  the  said  road  may  run"  was  not  satis- 
fied with  the  findings  of  the  reviewers  and  the  recommenda- 
tions of  the  board,  he  had  the  privilege  of  setting  forth  his 
grievances  and  of  making  remonstrance.  In  case  such  a 
remonstrance  was  made  it  was  provided  that  the  board  of 
county  commissioners  "  shall  thereupon  appoint  three  dis- 
interested electors  and  assign  a  day  and  place  for  them  to 
meet."38  The  electors  thus  appointed  acted  as  reviewers 
of  the  road  in  dispute  and,  after  due  notice,  were  required 
to  examine  carefully  the  road,  assess  the  damages,  if  any, 
and  report  the  same  at  the  ensuing  session  of  the  board. 
In  this  way  an  individual  might  obtain  redress  in  the  case 
of  a  road  running  through  his  land. 

In  addition  to  the  right  of  the  individual  as  such  to  obtain 
damages  by  making  a  remonstrance  to  the  board  of  county 
commissioners,  it  was  provided  that  if  three  electors  of  any 
township  objected  to  the  proposed  road  as  not  being  of 
public  utility,  other  reviewers  should  be  appointed  by  the 
county  board  and  required  to  proceed  to  make  a  careful 
examination  of  conditions,  assess  damages,  and  file  a  report 
similar  to  the  one  already  outlined.  In  other  words,  the 
taxpayers  were  given  double  protection  in  regard  to  the 
assessment  of  damages  connected  with  the  laying  out  and 
opening  of  public  highways. 

The  statute  also  carefully  outlines  the  methods  by  which 
any  person  or  persons  might  have  the  course  of  a  highway 
changed,  in  case  they  desired  to  cultivate  the  land  where 
the  road  in  question  was  located.  Two  methods  of  changing 
the  course  of  a  road  are  specified ;  but  it  is  provided  in  the 
case  of  Territorial  roads  that  "the  old  road  shall  not  be 


EARLY  ROAD  LEGISLATION  23 

vacated,  until  the  person  or  persons  applying  for  such 
alteration  shall  cut  open  and  repair  the  new  fully  equal  to 
the  old  road/'39  In  case  the  road  proposed  to  be  changed 
extended  into  more  than  one  county  the  exact  method  of 
bringing  about  such  change  is  outlined  in  the  statute.  In 
short,  the  rights  and  privileges  of  individual  taxpayers  are 
protected  in  the  same  minute  detail  both  as  to  the  laying 
out  and  opening  of  roads  and  as  to  the  changing  of  the  same. 

The  method  of  vacating  any  road  or  highway  which  is 
deemed  useless  is  likewise  worked  out  with  the  same  regard 
for  the  interests  of  individuals.  A  petition  signed  by 
fifteen  householders  of  a  township  asking  that  a  road  be 
vacated  must  be  publicly  read  on  two  different  days  of  the 
session  of  the  county  board  at  which  the  petition  is  pre- 
sented. At  the  following  session  it  is  again  publicly  read, 
and  if  no  remonstrance  is  made  the  board  may  proceed  to 
vacate  the  road  in  question,  the  costs  being  defrayed  by  the 
county.40  In  case  remonstrance  is  made,  however,  the 
board  is  required  to  appoint  reviewers  who  shall  be  given 
the  same  powers  as  are  granted  to  the  reviewers  appointed 
in  the  case  of  the  opening  and  the  laying  out  of  new  high- 
ways. 

By  the  provisions  of  the  same  statute  a  tax  for  building 
and  maintaining  highways  and  bridges  was  levied  on  both 
persons  and  property.  Every  male  inhabitant  between  the 
ages  of  twenty-one  and  fifty  years,  except  those  specially 
exempted  by  law,  were  required  to  work  on  the  roads  two 
days  annually  —  it  being  the  duty  of  the  supervisors  to  see 
that  this  work  was  performed.  The  law  provides  that  i  l  all 
real  estate,  as  well  the  property  of  non-residents  as  resi- 
dents, shall  be  subject  to  be  taxed  annually,  for  the  purpose 
of  opening  and  working  the  public  highways,  which  tax 
shall  not  exceed  one  per  cent.,  and  shall  be  levied  by  the 
board  of  county  commissioners,  as  other  taxes  are."41  The 
board  of  county  commissioners  was  required  to  assess  this 


24         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

tax,  and  copies  of  the  assessment  were  to  be  delivered  by 
the  sheriff  to  the  supervisors  of  the  various  road  districts. 
The  "taxpayer,  however,  was  given  the  right  to  discharge 
the  tax  thus  imposed  by  actual  labor  upon  the  highways, 
for  which  he  was  allowed  the  sum  of  two  dollars  per  day. 
The  method  of  giving  notice,  the  penalties  inflicted,  the 
amount  of  compensation  allowed  for  furnishing  plows, 
wagons,  and  horses,  and  a  number  of  other  details  may  be 
found  in  the  statute.42 

Moreover,  the  actual  work  of  laying  out,  opening,  and 
supervising  roads  and  of  building  and  maintaining  bridges 
was  placed  in  the  hands  of  road  supervisors  appointed  by 
the  board  of  county  commissioners,  and  it  was  specifically 
provided  that  "any  householder  or  elector  refusing  to  ac- 
cept said  appointment  of  supervisor,  or  to  take  the  oath  re- 
quired, shall  forfeit  and  pay  the  sum  of  six  dollars  to  be 
recovered  by  presentment  or  indictment'7.43  No  person, 
however,  was  obliged  to  accept  the  appointment  as  super- 
visor oftener  than  once  in  four  years.  The  board  of  county 
commissioners  also  assigned  to  each  supervisor  a  definite 
road  district,  setting  forth  the  boundaries  of  the  district 
and  alloting  the  number  of  hands  to  be  employed.  Each 
supervisor  was  allowed  one  dollar  and  fifty  cents  per  day 
for  all  work  performed  over  and  above  two  days  for  his 
personal  liabilities  and  the  amount  required  to  pay  his  own 
road  tax.  Penalties  for  neglect  of  duty  were  also  pre- 
scribed by  law.44 

Two  methods  of  bridge  building  are  clearly  defined  in  the 
Wisconsin  statute.  The  board  of  county  commissioners 
might  direct  the  road  supervisors  to  build  bridges  if  they 
considered  it  expedient;  or  they  might  appoint  three  resi- 
dents of  the  proper  township  to  act  as  superintendents  of 
the  building  of  such  bridges.  The  law  further  stipulates 
that  the  superintendents  shall  advertise  "in  the  most  public 
places  in  the  county,  the  time  and  place  they  will  contract 


EARLY  ROAD  LEGISLATION  25 

with  some  fit  person  to  build  such  bridge,  which  contract 
shall  be  in  writing  signed  by  the  parties  contracting  and 
filed  in  the  proper  clerk's  office."45 

A  bond  of  surety  from  the  bridge  contractor  was  to  be 
approved  by  the  county  commissioners,  who  were  also 
given  authority  to  receive  subscriptions  and  donations  from 
individuals  toward  the  building  of  such  bridge.  In  special 
cases  where  the  tax  to  build  a  bridge  would  be  unneces- 
sarily burdensome  to  property  holders,  and  donations  and 
subscriptions  could  not  be  obtained,  the  board  of  commis- 
sioners was  authorized  to  empower  any  individual  or  in- 
dividuals to  build  the  bridge  with  the  understanding  that 
such  person  or  persons  should  transfer  the  same  to  the 
county  at  ten  per  cent  on  the  original  cost  whenever  the 
board  desired  to  make  the  purchase.  The  board  was  also 
given  the  power  to  appropriate  any  money  in  the  county 
treasury  belonging  to  the  road  funds  for  the  purpose  of 
bridge  building. 

Finally,  the  statute  specifies  the  manner  in  which  the 
supervisors  shall  direct  the  actual  work  on  the  roads,  pro- 
vides for  the  method  of  collecting  fines,  directs  the  super- 
visor to  purchase  the  necessary  machinery,  stipulates  how 
a  road  shall  be  vacated,  and  contains  other  additional  de- 
tails relative  to  the  work  of  practical  administration. 

Regarding  the  question  of  delinquent  road  taxes,  the  act 
contains  the  following  provision: 

That  in  all  cases  where  a  supervisor  is  unable  to  collect  the  road 
tax  from  any  person  within  his  district,  from  the  goods  and  chattels 
of  such  person,  or  property  assessed,  agreeably  to  the  foregoing 
provisions  of  this  act,  it  shall  be  the  duty  of  such  supervisors  to 
return  a  list  of  such  delinquents  to  the  board  of  commissioners  of 
the  proper  county,  which  list  shall  be  certified  under  oath  by  said 
supervisor  to  be  correct.  And  the  said  commissioners  at  their  next 
session  shall  furnish  the  sheriff  of  the  proper  county,  with  a  true 
copy  of  the  list  of  all  such  delinquents,  who  shall  thereupon  proceed 


26         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

to  sell  any  property  real  or  personal  upon  which  such  tax  has  been 
assessed  by  said  board  of  commissioners,  or  so  much  thereof  as  will 
pay  the  tax  and  all  costs  accrued  thereon,  in  the  same  manner,  and 
under  the  provisions,  that  the  county  revenue  is  collected  in  such 
cases.  And  when  such  collection  is  made,  the  county  commissioners 
shall  order  the  same  to  be  paid  to  the  supervisor  in  the  district  in 
which  such  delinquent  property  has  been  returned,  and  said  super- 
visor shall  appropriate  the  money  so  collected  as  hereinbefore 
provided.46 

In  conclusion  it  may  be  said  that  a  general  knowledge 
of  the  system  of  local  government,  including  the  road  leg- 
islation of  the  Territory  of  Michigan  and  of  the  original 
Territory  of  Wisconsin,  is  necessary  for  at  least  two 
reasons:  first,  the  Iowa  country  was  for  a  time  a  part  of 
these  jurisdictions;  and  second,  certain  features  of  the 
early  road  laws  of  the  Territory  of  Iowa  were  copied  di- 
rectly from  the  statutes  of  the  Territory  of  Wisconsin, 
which  in  turn  were  taken  from  the  statute  laws  of  Michi- 
gan Territory.  In  a  word,  the  Territory  of  Michigan  and 
the  original  Territory  of  Wisconsin  supplied  one  of  the 
channels  through  which  the  pioneers  of  Iowa  obtained  their 
institutions  of  local  government.  Another  channel,  as  will 
appear  later,  led  directly  to  the  statute  books  of  the  State 
of  Ohio. 

Under  the  system  of  local  government  which  prevailed 
during  the  period  from  1834  to  1836,  when  Iowa  formed  a 
part  of  the  Territory  of  Michigan,  large  powers  and  au- 
thority were  vested  in  the  officers  of  the  civil  township. 
In  fact,  as  has  been  pointed  out  by  Dr.  Aurner,  the  organ- 
ization of  the  township  preceded  that  of  the  county  in  the 
Territory  of  Michigan.  Of  the  numerous  local  officials 
clothed  with  authority  in  the  administration  of  roads  and 
highways  special  mention  should  be  made  of  (1)  the  town- 
ship board,  composed  of  the  supervisor,  the  township  clerk, 


EARLY  EOAD  LEGISLATION  27 

and  the  justices  of  the  peace,  or  a  majority  of  them,  who 
acted  primarily  as  a  board  of  audit,  (2)  three  township 
road  commissioners,  having  the  same  general  powers  with 
reference  to  the  laying  out,  opening,  and  maintaining  of 
highways  as  are  now  vested  in  the  so-called  township  board 
of  trustees,  (3)  a  number  of  road  overseers,  corresponding 
to  the  number  of  road  districts,  appointed  by  the  township 
road  commissioners,  and  (4)  the  county  board  of  super- 
visors, composed  of  one  representative  from  each  civil 
township  and  vested  with  substantial  authority  both  from 
the  standpoint  of  general  supervision  and  finance.  Thus  it 
will  be  seen  that  there  was  a  somewhat  elaborate  system  of 
road  administration  which  centered  very  largely  about  the 
civil  township,  either  directly  through  various  township 
officials  or  indirectly  through  representatives  of  the  civil 
townships  who  at  the  same  time  acted  as  a  county  board  of 
supervisors. 

During  the  Wisconsin  period  of  the  Territorial  history 
of  Iowa  (1836-1838)  there  seems  to  have  been  a  somewhat 
marked  tendency  to  make  the  county  rather  than  the  town- 
ship the  important  unit  in  local  administration.  To  what 
extent  this  was  the  outcome,  first,  of  a  more  or  less  uncon- 
scious adaptation  of  statutes  from  older  jurisdictions, 
second,  of  an  actual  conflict  between  the  two  principles  of 
local  government  on  the  basis  of  concrete  fact  and  argu- 
ment, and  finally,  of  the  necessity  from  time  to  time  of 
creating  political  institutions  to  meet  the  demands  of 
pioneer  conditions,  can  not  be  ascertained  except  by  a  thor- 
ough comparative  and  historical  study  of  the  whole  complex 
system  of  local  institutions.  The  pioneers,  however,  were 
essentially  practical  men,  thinking  very  little  of  broad  gen- 
eralization on  the  one  hand  or  of  a  critical  study  of  detailed 
facts  on  the  other.  This  being  true,  the  drafting  of  Terri- 
torial statutes  was  doubtless  to  a  very  large  extent  a  matter 
of  more  or  less  hasty  adaptation  of  forms  with  which  the 
lawmakers  themselves  were  most  familiar. 


28         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

At  least  two  important  road  laws  were  enacted  by  the 
original  Territory  of  Wisconsin.  The  first  act,  passed  in 
1836^  provided  for  the  annual  election  of  three  township 
supervisors  who  were  to  act  at  the  same  time  as  a  county 
board  of  supervisors.  In  other  words,  in  name  the  town- 
ship was  the  basis  of  local  administration,  but  in  fact  the 
county  was  to  a  very  large  extent  the  unit  of  real  impor- 
tance. The  statute,  however,  was  evidently  a  compromise 
measure  and  it  paved  the  way  for  the  important  act  of 
January  15, 1838,  which  actually  did  produce  a  complete  and 
radical  change  in  the  general  system  of  road  administra- 
tion. The  board  of  supervisors,  which  had  been  both  a 
township  and  county  body,  was  superseded  by  a  board  of 
county  commissioners  elected  for  a  term  of  three  years. 
The  new  county  board  was  vested  with  general  supervision 
over  highways  —  including  the  right  to  appoint  road  super- 
visors and  to  assign  to  each  supervisor  a  definite  road 
district.  That  is  to  say,  the  board  of  county  commissioners 
created  in  1838  possessed  powers  and  duties,  which  during 
the  Michigan  period  were  parcelled  out  among  a  number  of 
local  officials,  including :  first,  the  so-called  township  board ; 
second,  the  township  highway  commissioners;  and  third, 
the  county  board  of  supervisors,  which  was  composed  of 
representatives  from  the  civil  townships.  Under  the  first 
Wisconsin  law  of  1836  these  powers  and  duties  were  vested 
very  largely  in  the  board  of  supervisors  acting  both  as  a 
township  and  a  county  board. 

It  should  be  noted  in  this  connection  that  the  road  super- 
visor appointed  by  the  board  of  county  commissioners 
under  the  Wisconsin  act  of  1838  was  the  logical  successor 
of  the  road  overseer  appointed  by  the  township  road  com- 
missioners during  the  Michigan  period.  Finally,  the  details 
of  actual  road  administration  including  the  view  and  re- 
view of  proposed  roads,  the  assessment  of  damages,  changes 
of  location  and  the  like  have  much  in  common  under  the 
different  systems  of  local  supervision  and  control. 


II 

THE  IOWA  TERRITORIAL  PERIOD 

1838-1846 

Upon  its  organization  as  a  separate  Territory  in  July, 
1838,  Iowa  inherited  its  system  of  local  government,  in- 
cluding the  administration  of  roads  and  bridges,  from  the 
original  Territory  of  Wisconsin.  This  system,  it  will  be 
remembered,  recognized  the  county  rather  than  the  town- 
ship as  the  important  unit  in  local  administration,  although 
the  township  had  been  the  dominating  factor  under  the 
earlier  legislation  of  the  Territory  of  Michigan.  Notwith- 
standing the  comprehensive  legislation  of  the  original  Ter- 
ritory of  Wisconsin,  Governor  Robert  Lucas  in  his  first 
annual  message  made  the  following  recommendation  rela- 
tive to  road  legislation : 

I  would  also  recommend  to  your  consideration  the  propriety  of 
adopting  a  general  road  system,  denning  the  manner  of  laying  out 
and  establishing  Territorial  and  county  roads,  and  to  provide  for 
opening  and  keeping  them  in  repair.47 

The  Council  and  House  of  Representatives  of  the  Terri- 
tory of  Iowa  acted  with  expedition  in  passing  "An  Act  to 
provide  for  laying  out  and  opening  Territorial  Roads ", 
which  was  approved  on  December  29,  1838.48  Moreover,  a 
comparative  examination  reveals  the  fact  that  this  act  is 
practically  an  exact  copy  of  the  act  passed  by  the  original 
Territory  of  Wisconsin  in  January  of  the  same  year.  In- 
deed, the  only  difference  is  the  requirement  that  under  the 
new  measure  Territorial  roads  must  be  viewed,  surveyed, 
and  established  within  one  year  rather  than  two  years  from 
the  time  of  the  passage  of  the  act  establishing  the  same.  In 


30         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

other  words,  the  method  of  laying  out  and  opening  Terri- 
torial roads  during  the  early  history  of  the  Territory  of 
Iowa'  was  the  same  as  had  prevailed  in  the  original  Terri- 
tory of  Wisconsin.  Moreover,  an  examination  of  the  stat- 
utes of  Ohio  shows  that  a  comprehensive  law49  providing 
for  the  laying  out  and  opening  of  State  roads,  approved  on 
March  14,  1831,  was  in  a  measure  at  least  the  basis  of  the 
Michigan  act  of  April  23,  1833,  the  Wisconsin  act  of  Janu- 
ary 3, 1838,  and  the  Iowa  act  of  December  29,  1838. 

The  subject  of  roads  was  touched  upon  in  three  other  acts 
passed  by  the  First  Legislative  Assembly.  In  "An  Act 
concerning  Costs  and  Fees"  it  was  provided  that  the 
county  surveyor  should  receive  three  dollars  per  day  for 
his  services  in  surveying  Territorial  and  county  roads.50 
The  obstructing  of  public  highways  or  bridges  was  made 
punishable  by  the  provisions  of  section  eighty-seven  of  an 
act  defining  crimes  and  punishments.51  Finally,  on  January 
24,  1839,  there  was  approved  an  act  which  is  unique  in  the 
history  of  road  legislation  during  the  Territorial  period. 

This  act  provided  that  a  number  of  men,  whose  names  are 
mentioned,  "are  hereby  created  a  body  politic  and  corpo- 
rate, by  the  name  and  style  of  'The  Burlington  and  Iowa 
Eiver  Turnpike  Company/  for  the  sole  purpose  of  con- 
structing a  turnpike  road,  from  Burlington,  Des  Moines 
county,  to  the  Iowa  river,  opposite  the  town  of  Black  Hawk, 
in  Louisa  county. ' '  The  capital  stock  of  the  company  was 
to  be  one  hundred  thousand  dollars  and  was  to  be  divided 
into  shares  of  twenty-five  dollars  each.  As  soon  as  ten 
thousand  dollars  had  been  subscribed  to  the  stock  of  the 
company  a  meeting  of  the  stockholders  might  be  called  for 
the  purpose  of  electing  five  directors.  A  definite  schedule 
of  toll  rates  was  set  forth  in  the  act,  and  it  was  provided 
that  the  company  might  charge  toll  on  the  basis  of  one-half 
the  rate  prescribed  as  soon  as  ten  miles  of  turnpike  had 
been  completed.52 


THE  IOWA  TERRITORIAL  PERIOD  31 

It  was  evidently  the  intention  of  the  legislature  that  this 
act  should  be  the  precursor  of  a  series  of  similar  laws,  for 
in  the  last  section  it  was  declared  that  the  act  should  be 
"subject  to  any  general  law  that  may  be  passed  hereafter 
.  .  .  .  for  the  regulation  of  Turnpike  companies." 
But  so  far  as  has  been  discovered  no  other  companies  of 
this  character  were  created  by  law  during  the  Territorial 
period.  Nevertheless,  this  act  may  in  a  sense  be  viewed  as 
the  forerunner  of  the  laws  granting  corporations  the  right 
to  construct  plank  roads  which  were  enacted  during  the 
early  years  of  statehood. 

At  this  point  it  may  be  noted  that  during  the  period  under 
consideration  many  special  acts  were  passed  providing  for 
the  laying  out  and  opening  of  Territorial  roads.  Indeed,  a 
very  large  number  of  roads  were  provided  for  in  this  man- 
ner during  the  Territorial  period  and  for  a  number  of 
years  after  Iowa  had  been  admitted  into  the  Union.53 

At  each  session  of  the  Legislative  Assembly  laws  were 
enacted  for  the  laying  out  of  Territorial  roads,  so  that  by 
the  time  Iowa  was  admitted  into  the  Union  in  1846  one 
hundred  and  forty-eight  such  roads  had  been  established 
by  law,  and  forty-six  of  them  had  been  re-located.54  Many 
of  these  roads  probably  were  never  actually  laid  out ;  while 
others  were  no  doubt  merely  opened  and  marked,  and  then 
given  but  little  further  attention.  In  the  absence  of  any 
definite  data  on  the  subject  it  is  safe  to  state  that  only  a 
very  few  of  the  Territorial  roads  were  kept  in  such  a  con- 
dition as  to  be  readily  traversed  in  all  seasons  of  the  year. 
Nevertheless,  they  greatly  facilitated  intercourse  between 
different  parts  of  the  Territory.  Seldom  following  section 
lines,  as  do  the  roads  of  the  present  day,  winding  through 
the  woods  and  across  the  prairies,  crossing  streams  at 
places  best  adapted  to  fording  or  the  building  of  rude 
bridges,  these  roads  served  as  adequate  highways  largely 
in  so  far  as  they  were  laid  out  wisely  and  with  attention 
to  the  lay  of  the  land. 


32         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The  exact  method  of  laying  out  and  opening  roads  pro- 
vided for  by  special  acts  is  set  forth  in  the  statutes,  which 
make  it  the  duty  of  the  county  commissioners  "to  order  the 
opening  of  all  Territorial  roads,  without  delay,  that  are  now 
laid  out,  or  may  hereafter  be  laid  out,  within  this  Terri- 
tory. "55 

At  the  session  of  the  Legislative  Assembly  in  1839-1840, 
the  advocates  of  township  organization  were  able  to  secure 
the  adoption  of  a  compromise  system  of  local  government 
more  favorable  to  the  township  —  which  meant  of  course 
that  the  township  was  given  greater  authority  in  the  mat- 
ter of  road  administration.  In  fact,  by  the  legislation  of 
1839-1840  the  establishment  and  organization  of  townships 
was  made  optional,  the  board  of  county  commissioners  be- 
ing clothed  with  authority  to  submit  the  question  of  adopt- 
ing such  government  at  a  general  election  in  the  county. 
Where  the  proposal  to  organize  townships  was  adopted  the 
following  officers  were  to  be  elected:  one  clerk,  three  trus- 
tees, two  overseers  of  the  poor,  two  fence  viewers,  a  suf- 
ficient number  of.  supervisors  of  highways,  two  constables, 
and  one  township  treasurer.56 

Under  the  provisions  of  "An  Act  to  provide  for  the 
organization  of  townships ' ',  approved  on  January  10,  1840, 
it  was  made  the  duty  of  the  township  trustees  to  divide 
their  respective  townships  into  road  districts  —  alloting  to 
each  road  supervisor  one  district  —  and  to  settle  the  ac- 
counts of  the  supervisors  of  highways  in  the  same  manner 
as  similar  accounts  were  settled  by  the  board  of  county 
commissioners  where  the  county  system  of  road  adminis- 
tration prevailed.57  The  act  further  specified  in  detail 
concerning  the  actual  work  of  laying  out,  opening,  and 
maintaining  highways  under  the  supervision  of  the  town- 
ship trustees.  Throughout  this  legislation  there  is  evidence 
of  the  same  regard  for  the  rights  of  the  individual  property 
holder  as  existed  under  the  previous  acts  of  the  Territory 


THE  IOWA  TERRITORIAL  PERIOD  33 

of  Iowa,  the  original  Territory  of  Wisconsin,  and  the  Terri- 
tory of  Michigan. 

Cartways  or  township  roads  were  established  on  applica- 
tion made  to  the  township  trustees  by  at  least  six  free- 
holders of  the  township  residing  in  the  vicinity  of  the 
proposed  road.  The  petition  being  filed  and  proper  notices 
being  given,  the  board  of  trustees  appointed  three  disinter- 
ested freeholders  of  the  township  to  act  as  viewers  of  the 
proposed  road,  and  at  their  next  meeting,  if  the  report  of 
the  viewers  was  favorable,  the  trustees  issued  an  order 
directing  the  road  supervisors  of  the  proper  districts  to 
open  the  road.58  In  case  of  a  remonstrance  by  any  person 
or  persons  through  whose  land  the  proposed  cartway  or 
township  road  passed,  however,  the  trustees  were  obliged 
to  appoint  three  disinterested  freeholders  to  examine  the 
complaint,  assess  the  damages,  if  any,  and  make  a  report  to 
the  board.  If  the  damages  occasioned  by  the  proposed  road 
were  greater  than  the  advantages  obtained  the  petitioners 
were  required  to  pay  the  damages  before  the  trustees 
authorized  the  opening  of  the  road.  All  the  expenses  of  the 
viewers  and  surveyors,  both  of  the  first  and  second  view, 
were  required  to  be  paid  by  the  petitioners ;  and  in  case  they 
refused  to  make  such  payment  the  treasurer  was  given 
authority  to  commence  suit  on  their  bond  and  prosecute  the 
same  to  final  judgment  and  execution. 

The  system  of  township  administration  of  roads  as  out- 
lined in  the  acts  of  the  Second  Legislative  Assembly  being 
optional  and  not  mandatory,  it  should  be  stated  that  "An 
act  defining  the  mode  of  laying  out  and  establishing  town- 
ship roads "  passed  by  the  Ohio  legislature  on  March  11, 
1831,  was  not  copied  by  the  Iowa  lawmakers.59  Had  the 
Legislative  Assembly  of  the  Territory  of  Iowa  adopted  the 
township  system  without  qualification  the  act  would,  no 
doubt,  have  been  taken  literally  from  the  Ohio  statutes.  In 
many  important  points,  however,  the  optional  plan  as 

3 


34         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

adopted  is  substantially  the  same  as  the  township  system 
which  at  that  time  prevailed  in  Ohio.  For  example,  it  ap- 
pears that  both  the  Iowa  and  the  Ohio  statutes  provide: 
first,  that  applications  for  township  roads  should  be  made 
by  petition  to  the  township  trustees ;  second,  that  the  peti- 
tion should  set  forth  the  place  of  beginning,  the  intermedi- 
ate points,  and  the  place  of  termination  of  the  proposed 
road;  third,  that  the  trustees  should  appoint  three  dis- 
interested persons  and  a  surveyor  to  act  as  viewers  of  the 
road ;  and  fourth,  that  the  trustees  should  also  be  authorized 
to  divide  the  township  into  a  convenient  number  of  road 
districts.  Thus  it  is  probable  that  the  members  of  the 
Second  Legislative  Assembly  who  drafted  the  various  sec- 
tions outlining  the  optional  township  system  of  road  admin- 
istration had  before  them  the  laws  of  Ohio  and  deliberately 
copied  the  provisions  as  far  as  practicable  in  view  of  the 
general  system  of  county  organization  which  then  prevailed 
in  the  Territory. 

The  influence  of  the  Ohio  system  of  local  government  be- 
comes even  more  apparent  upon  an  analysis  of  the  two 
important  road  laws  passed  at  the  session  of  1839-1840. 
Indeed,  "An  Act  defining  the  duties  of  supervisors  of  roads 
and  highways ",  approved  on  January  17,  1840,  and  "An 
Act  for  opening  and  regulating  roads  and  highways",  ap- 
proved on  the  same  day,  appear  to  have  been  copied  almost 
literally  from  the  statutes  of  Ohio.60  The  only  important 
changes,  as  seen  in  the  use  of  the  terms  "county",  "county 
commissioners",  and  the  like,  indicate  the  influence  of  the 
county-township  system  of  local  government  which  pre- 
vailed in  Wisconsin  at  the  time  Iowa  was  made  a  separate 
Territory  in  1838,  for  it  should  be  observed  that  the  town- 
ship idea  prevailed  with  greater  force  in  the  original  Ohio 
statutes.  The  striking  similarity  between  the  Iowa  law  of 
January  17, 1840,  and  the  Ohio  statute  of  March  7,  1831,  is 
very  apparent  when  the  two  acts  are  placed  side  by  side. 


THE  IOWA  TERRITORIAL  PERIOD  35 

Such  a  comparison  would  make  it  very  obvious  that  the 
Iowa  law  was  a  literal  copy  of  the  Ohio  statute,  except  to 
the  extent  that  it  was  necessary  to  take  into  account  the 
county  system  of  local  organization  which  had  been  inherit- 
ed from  the  original  Territory  of  Wisconsin.  The  Iowa  act 
of  January  17,  1840,  was,  therefore,  in  a  very  real  sense  a 
compromise  measure.  While  the  wording  of  the  law  was 
taken  directly  from  Ohio,  the  substance  of  its  provisions, 
viewed  from  the  standpoint  of  county  government,  came 
from  Wisconsin.  The  simple  fact  that  either  the  township 
or  the  county  system  of  local  organization  could  be  adopted 
suggests  the  existence  of  both  a  New  England  and  a  South- 
ern influence  in  our  early  legislation  arising  from  the  fact 
that  Iowa  was  settled  by  people  from  both  sections.  This 
compromise,  however,  was  perhaps  not  so  much  the  result 
of  any  real  conflict  between  the  two  principles  of  local  gov- 
ernment and  administration  as  it  was  the  copying  and 
adaptation  from  time  to  time  of  earlier  statutes  or  parts  of 
statutes  to  meet  the  needs  of  a  rapidly  developing  pioneer 
community.  As  has  already  been  observed,  the  early  set- 
tlers were  practical  men  who  were  quite  willing  to  adopt  a 
plan  that  seemed  suitable  at  the  time  without  making  any 
very  close  study  of  detailed  facts  on  the  one  hand  or  of 
underlying  principles  on  the  other. 

Thus  the  Iowa  law  provided  for  two  distinct  systems  of 
local  organization.  In  counties  without  township  govern- 
ment the  board  of  county  commissioners  was  given 
authority  to  appoint  annually  a  suitable  number  of  road 
supervisors  and  to  fill  any  vacancies  that  might  occur  from 
time  to  time.  But  in  counties  which  voted  to  adopt  the 
township  system  road  supervisors  were  elected  annually  by 
the  people  at  the  regular  township  election.  The  powers 
and  duties  of  district  road  supervisors  whether  appointed 
by  the  county  commissioners  or  elected  by  the  people  in 
civil  townships  were,  however,  substantially  the  same. 


36         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

A  reading  of  the  statute  will  reveal  the  fact  that  the 
powers  and  duties  of  the  road  supervisors  were  very  ex- 
tensive. Among  other  services,  the  supervisor  was  re- 
quired to  call  out  any  person  to  work  out  either  his  personal 
or  property  road  tax,  to  impose  and  collect  fines  for  failure 
to  perform  duty,  and  to  pay  the  same  into  the  township  or 
county  treasury  —  depending  upon  the  system  of  local 
government  which  prevailed  in  that  particular  county.  The 
supervisor  was  also  given  authority  to  exempt  persons 
unable  to  perform  road  work,  and  to  exercise  all  other 
reasonable  powers  necessary  for  an  efficient  administration 
of  highways  and  bridges.  The  extent  to  which  a  dual  sys- 
tem of  local  road  administration  was  established  is  espe- 
cially noticeable  in  the  sections  dealing  with  the  formation 
of  road  districts  and  the  collection  of  fines. 

Briefly  stated,  it  appears  that  where  the  township-county 
system  prevailed  the  board  of  township  trustees  was  the 
all  important  body  —  first,  as  to  the  appointment  of  road 
supervisors;  second,  as  to  the  formation  of  road  districts; 
and  third,  as  to  the  handling  of  finances.  Thus,  the  adop- 
tion of  the  township-county  system  meant  that  the  sub- 
stance of  authority  and  power  was  transferred  from  the 
county  to  the  township,  and  decentralization  in  the  work  of 
road  administration  was  the  result.  It  will  be  important  as 
well  as  interesting  to  observe  the  development  of  the  two 
principles  of  supervision  from  the  standpoint  of  both  legis- 
lation and  administration. 

On  the  same  day  that  the  act  defining  the  duties  of  super- 
visors of  roads  and  highways  was  approved,  another  law, 
entitled  "An  Act  for  opening  and  regulating  roads  and 
highways ",  was  signed  by  the  Governor.  This  measure 
seems  also  to  have  been  copied  from  a  law  of  Ohio  bearing 
the  same  title  and  approved  on  March  14,  1831,  the  general 
outlines  of  which  may  be  traced  to  an  earlier  statute  of  the 
same  State  approved  on  February  17,  1804.61  Now  the 


THE  IOWA  TERRITORIAL  PERIOD  37 

Iowa  act  provided  "That  all  county  and  territorial  roads 
which  have  been  or  may  hereafter  be  laid  out  and  estab- 
lished agreeably  to  law  within  this  territory,  shall  be  opened 
and  kept  in  repair  in  the  manner  hereinafter  provided ;  and 
all  county  roads  shall  hereafter  be  laid  out  and  established 
agreeably  to  the  provisions  of  this  act,  and  all  county  roads 
shall  be  sixty  feet  wide."62 

It  was  further  provided  that  all  applications  for  the  lay- 
ing out  or  altering  of  any  county  road  should  be  made  by 
petition  to  the  county  commissioners,  signed  by  at  least 
twelve  householders  of  the  county  residing  in  the  vicinity 
of  the  proposed  road.  After  due  notice  had  been  given,  the 
commissioners  were  required  to  appoint  three  disinterested 
householders  of  the  county  to  act  as  viewers  of  the  road. 
The  duties  of  the  viewers  are  substantially  the  same  as 
noted  in  earlier  acts,  except  that  they  are  perhaps  outlined 
in  greater  detail.  With  the  assistance  of  surveyors  the 
viewers  were  required  to  make  a  complete  survey  of  the 
proposed  road  and  file  a  copy  of  the  plat  and  field  notes 
with  the  clerk  of  the  board  of  county  commissioners.63 
After  the  report  was  made  and  the  legal  notice  given,  no 
application  for  a  review  of  the  road  or  a  petition  for  dam- 
ages being  filed,  it  was  made  the  duty  of  the  commissioners 
to  direct  the  opening  of  the  road  which  was  thenceforth  to 
be  considered  a  public  highway. 

In  this  statute,  however,  as  in  earlier  legislation  the 
rights  of  the  individual  property-holder  were  carefully 
safeguarded  against  possible  injustice.64  In  the  first  place 
any  landholder  of  the  county  could  apply  to  the  commis- 
sioners for  a  review  of  the  road  by  petition  signed  by  at 
least  twelve  householders  residing  in  that  part  of  the  county 
in  which  the  road  was  established.  If  satisfied  that  the 
petition  was  just  and  reasonable,  the  board  of  county  com- 
missioners appointed  five  disinterested  voters  of  the  county 
to  view  the  road  and  make  a  report  on  the  same.  If  the 


38         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

viewers  reported  in  favor  of  the  establishment  of  the  road, 
it  was  to  be  promptly  opened  by  the  commissioners,  but  in 
case  the  report  was  against  the  establishment  of  the  road  it 
was  not  opened,  and  the  persons  executing  the  first  bond 
were  required  to  pay  into  the  county  treasury  the  amount 
of  the  costs  and  expenses  of  the  first  view  and  survey  and 
also  of  the  review  of  the  road.65 

In  the  second  place  it  is  provided  that  "if  any  person  or 
persons  through  whose  land  any  territorial  or  county  road 
may  be  laid  out  shall  feel  injured  thereby,  such  person  or 
persons  may  make  complaint  thereof  to  the  county  commis- 
sioners ",66  Thereupon  the  board  of  commissioners  pro- 
ceeded to  appoint  three  disinterested  householders  of  the 
county  to  examine  the  road,  assess  and  determine  the  dam- 
ages, if  any,  and  file  a  report.  In  case  damages  were 
allowed  and  the  commissioners  regarded  the  road  of  suf- 
ficient importance  to  the  public  the  damages  were  ordered 
to  be  paid ;  but  if  in  their  opinion  the  road  was  not  of  suf- 
ficient importance  to  the  public  to  compensate  for  the  pay- 
ment of  the  damages,  the  board  of  county  commissioners 
was  given  authority  to  refuse  to  establish  the  proposed 
road  as  a  public  highway  unless  the  damages  and  expenses 
were  paid  by  the  petitioners. 

The  act  further  specifies  the  method  of  abolishing  a  road 
when  no  longer  needed.  In  such  instances  the  viewers  and 
reviewers  possessed  substantially  the  same  powers  and 
authority  as  noted  in  the  case  of  the  opening  and  the  laying 
out  of  roads.67  Moreover,  the  method  of  determining  the 
true  course  of  any  Territorial  or  county  road  when  the 
same  was  a  matter  of  dispute  is  also  prescribed  in  the  stat- 
ute. Finally,  in  case  any  person  or  persons  through  whose 
land  any  Territorial  or  county  road  was  established  desired 
to  change  the  course  thereof,  the  method  of  doing  so  is  de- 
scribed in  the  same  detail  as  in  the  case  of  the  laying  out 
and  opening  of  roads  or  the  assessing  of  damages.  If,  how- 


THE  IOWA  TERRITORIAL  PERIOD  39 

ever,  the  board  of  county  commissioners  changed  the  course 
of  the  road,  the  person  or  persons  desiring  the  alteration 
were  obliged  to  pay  all  the  costs  of  the  view  and  survey. 

After  providing  penalties  in  case  any  viewer,  reviewer, 
or  surveyor  refused  or  neglected  to  perform  the  duties  re- 
quired by  law,  and  outlining  in  detail  the  compensation 
allowed  in  each  case,  the  act  further  specifies  the  method  of 
establishing  roads  on  county  lines.  The  extent  to  which 
even  minute  details  of  administration  are  provided  for  on 
the  one  hand,  and  the  complicated  nature  of  the  dual  system 
of  township  and  county  organization  on  the  other,  are  ap- 
parent from  an  examination  of  this  portion  of  the  statute. 
It  is  provided  that  "when  any  road  is  located  under  the 
provisions  of  the  twelfth  and  thirteenth  sections  of  this  act, 
it  shall  be  the  duty  of  the  county  commissioners  or  trustees 
of  townships  adjoining  such  road  to  select  one  from  their 
number  whose  duty  it  shall  be  to  meet  at  some  convenient 
place  near  the  line  of  the  same  (the  time  and  place  to  be  ap- 
pointed by  the  commissioners  or  trustees  of  the  oldest 
county  or  township  interested)  previous  to  the  time  ap- 
pointed by  law  for  apportioning  labor  to  their  respective 
road  districts,  and  shall  assign  a  sufficient  number  of  per- 
sons, if  practicable,  to  open  such  road  and  keep  the  same  in 
repair,  dividing  the  road  in  such  manner  that  the  persons 
so  assigned  may  work  under  the  orders  of  the  supervisors 
in  the  county  or  township  to  which  they  belong,  and  the 
supervisors  and  persons  so  assigned  shall  be  governed  by 
the  provisions  of  the  act  entitled  *  An  act  defining  the  duties 
of  supervisors  of  roads  and  highways'  ",68  This  section  is 
certainly  a  good  illustration  of  the  method  of  laying  out 
and  opening  highways  by  the  mere  enactment  of  law. 

Finally,  the  statute  under  consideration  provides  that  any 
person  making  application  for  a  view,  review,  alteration,  or 
vacation  of  any  road,  or  the  assessment  of  damages,  shall 
be  required  to  deposit  a  bond  with  one  or  more  sufficient 


40         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

securities,  made  payable  to  the  county  treasurer  and  ap- 
proved by  the  county  commissioners.  The  applicant,  more- 
over,' was  required  to  pay  all  costs  and  expenses  incurred 
thereby  in  case  his  application  was  not  granted  and  the  pro- 
posed road  not  established.  On  the  whole,  this  Iowa  act  is 
much  more  logical,  definite,  and  systematic,  both  in  general 
arrangement  and  in  statement  of  detail,  than  the  statutes  of 
the  Territory  of  Michigan  and  the  original  Territory  of 
Wisconsin  which  were  considered  above  in  Chapter  I. 

Two  important  tendencies  are  now  manifest  in  the  legis- 
lation providing  for  road  administration  during  the  Terri- 
torial period :  first,  the  growth  of  the  township  principle  of 
local  government ;  and  second,  a  more  definite  and  concrete 
statement  of  the  law  itself.  At  the  same  time  a  considerable 
body  of  special  legislation  was  being  enacted.69  For  ex- 
ample, an  act  was  approved  on  July  29,  1840,  providing  for 
the  survey  of  a  Territorial  road  from  the  city  of  Burlington 
to  the  Indian  boundary  line,70  according  to  the  provisions  of 
which  the  Governor  of  the  Territory  was  authorized  to  ap- 
point a  surveyor  or  engineer  to  survey  the  proposed  road. 
In  January  of  the  next  year,  however,  an  amendatory  act 
was  passed  by  the  Legislative  Assembly  providing  "that 
the  duties  incumbent  upon  said  surveyor  or  engineer  under 
the  act  to  which  this  is  amendatory  shall  be  performed  and 
executed  by  three  disinterested  commissioners,  one  of  whom 
shall  act  in  the  capacity  of  a  surveyor  and  commissioner".71 
This  law,  which  specifies  the  names  of  the  commissioners, 
is  instructive,  in  the  first  place,  as  an  example  of  special 
road  legislation,  and  in  the  second  place,  because  it  shows  a 
tendency  to  limit  the  appointive  power  of  the  Governor. 

The  growth  of  the  township-county  principle  of  organ- 
ization at  this  time  is  indicated  by  an  amendatory  act  ap- 
proved on  January  15, 1841,72  by  which  it  was  provided  that 
the  board  of  county  commissioners  in  each  county  not  yet 
divided  into  townships,  or  in  which  there  had  been  no  elec- 


THE  IOWA  TERRITORIAL  PERIOD  41 

tion  authorizing  the  organization  of  townships,  were  re- 
quired to  divide  the  county  into  townships  as  soon  as  they 
were  of  the  opinion  that  the  people  of  the  county  desired 
that  form  of  local  government.  While  this  law  is  not  man- 
datory, its  provisions  are  certainly  more  explicit  than  those 
of  the  earlier  act  regarding  the  desirability  and  necessity 
of  township  organization. 

It  has  already  been  noted  that  under  a  former  act  pro- 
viding for  the  laying  out,  opening,  and  maintaining  of 
roads,  a  personal  tax  of  three  days'  labor  was  required.73 
Moreover,  up  to  this  time  the  law  regarding  the  exact 
amount  of  property  tax  and  the  manner  in  which  assess- 
ments should  be  made  had  not  been  very  clear  and  specific. 
An  examination  of  the  limited  source  material  available  re- 
veals the  fact  that  there  was  a  growing  sentiment  in  favor 
of  property  taxes  for  road  purposes.  On  November  11, 1840, 
a  resolution  was  introduced  in  the  House  of  Eepresent- 
atives  instructing  the  Committee  on  Eoads  and  Highways 
to  inquire  into  the  expediency  of  so  amending  the  road  laws 
'  i  as  to  require  persons  to  perform  labor  on  the  public  high- 
ways, in  proportion  to  the  valuation  of  their  property."74 
At  the  same  time  an  additional  resolution  was  passed,  in- 
structing the  same  committee  "to  inquire  into  the  expedi- 
ency of  revising  or  modifying  such  portions  of  the  road  law, 
whereby  it  will  be  more  effectual  in  its  application  to  the 
improvement  of  roads  and  highways,  and  report  by  bill  or 
otherwise. " 75  Nothing  of  importance,  however,  was  done 
along  these  lines  during  this  session  of  the  Legislative 
Assembly. 

At  the  following  session,  however,  in  addition  to  a  large 
amount  of  special  road  legislation  at  least  three  important 
general  acts  were  passed:  (1)  "An  Act  to  provide  for  levy- 
ing a  tax  on  real  and  personal  property  for  road  purposes  ", 
approved  on  February  16,  1842  ;76  (2)  "An  Act  amending 
an  act  defining  the  duties  of  Supervisors  of  roads  and  high- 


42         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

ways",  approved  on  February  2,  1842 ;77  and  (3)  "An  Act 
to  amend  an  act  entitled  '  An  Act  for  opening  and  regulating 
roads  and  highways',  approved  January  17,  1840",  ap- 
proved on  February  2, 1842.78  In  addition  to  this  important 
body  of  road  legislation,  a  law  was  also  passed  strengthen- 
ing the  township  principle  of  local  government  by  requiring 
the  board  of  county  commissioners  to  organize  townships 
when  in  their  opinion  a  majority  of  the  people  so  desired, 
and  providing  further  that  townships  should  be  formed 
into  bodies  corporate,  capable  of  suing  and  being  sued.79 
Furthermore,  on  December  14, 1841,  the  House  of  Eepre- 
sentatives  passed  a  resolution  requesting  the  Committee  on 
Eoads  and  Highways  "to  inquire  into  the  expediency  of  so 
amending  the  present  Eoad  Law  that  it  may  bear  less  un- 
equally in  its  provisions,  and  also  to  inquire  into  the  ex- 
pediency of  levying  a  tax  on  real  and  personal  property,  for 
road  purposes."80  A  few  days  later,  on  January  4th,  Mr. 
William  Patterson  from  the  Committee  on  Eoads  and  High- 
ways reported  a  bill  to  provide  for  levying  a  tax  on  real  and 
personal  property  for  road  purposes.  From  the  nature  of 
some  of  the  amendments  to  this  bill  which  were  proposed 
one  would  infer  that  there  was  considerable  discussion  re- 
garding the  comparative  amount  of  personal  and  property 
taxes  for  road  purposes.  For  example,  certain  members  of 
the  House  desired  to  have  the  bill  amended  so  as  to  require 
only  one  day's  work  in  the  form  of  a  personal  road  tax, 
instead  of  two  days.81  While  this  amendment  was  lost,  it  is 
instructive  as  showing  the  reaction  against  the  earlier  law 
which  had  required  three  days'  work  as  a  personal  road 
tax.  The  fact  that  a  number  of  members  of  the  House  of 
Eepresentatives  desired  a  heavier  property  tax  is  apparent 
from  another  amendment  requiring  a  maximum  property 
tax  of  fifty  cents  on  every  one  hundred  dollars  of  valuation. 
The  amendment,  however,  was  lost  and  the  maximum  tax 
was  fixed  at  twenty-five  cents  on  each  one  hundred  dollars. 


THE  IOWA  TERRITORIAL  PERIOD  43 

The  act  providing  for  levying  a  tax  on  real  and  personal 
property  for  road  purposes  approved  on  February  16, 1842, 
represents  a  substantial  improvement  on  any  previous 
legislation  dealing  with  road  finances.82  The  board  of 
county  commissioners,  at  the  time  of  making  the  regular 
levy  of  taxes  for  county  purposes,  was  required  to  fix  a  per- 
centum  on  real  and  personal  property  for  road  purposes  of 
not  less  than  five  cents  nor  more  than  twenty-five  cents  on 
every  one  hundred  dollars  of  assessed  valuation.  This  tax 
was  imposed  on  all  real  and  personal  property  made  taxable 
by  the  revenue  laws  of  the  Territory  and  was  either  to  be 
paid  in  cash  to  the  supervisors  or  worked  out  on  the  roads. 
When  the  bill  was  under  consideration  it  appears  that  an 
amendment  was  introduced  to  strike  out  the  words  "and 
personal",  the  purpose  of  which  was  to  place  all  of  the  road 
tax  on  real  estate.83  While  the  amendment  did  not  prevail, 
it  nevertheless  represents  a  tendency  to  place  the  bulk  of 
taxes  on  real  estate,  thus  favoring  improvements  and  per- 
haps discriminating  in  a  measure  against  non-resident  land- 
holders.84 

By  this  statute  of  1842  it  was  made  the  duty  of  each  road 
supervisor  to  furnish  the  board  of  county  commissioners 
with  a  complete  list  of  individuals  subject  to  taxation  in  his 
road  district  —  "particularly  specifying  those  who  are  the 
owners  of  real  estate  ",85  The  list  having  been  received,  the 
board  of  county  commissioners  furnished  the  road  super- 
visors with  a  statement  of  the  road  tax  assessed,  and  the 
supervisors  in  turn  were  required  to  collect  the  same  in 
cash  or  have  it  worked  out  on  the  roads,  allowing  one  dollar 
for  each  day's  labor.  Special  provision  was  made  for  non- 
residents in  order  to  give  them  an  opportunity  to  work  out 
their  tax.86 

As  already  observed  that  portion  of  the  law  dealing  with 
the  duty  of  road  supervisors  to  call  out  persons  to  work  on 
the  road  and  determining  the  amount  of  personal  tax  to  be 


44         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

imposed  was  the  subject  of  considerable  debate  in  the  Legis- 
lative Assembly.  The  act  as  approved  provides  for  a 
personal  or  poll  tax  of  two  days'  road  work;  and  it  further 
specifies  that  "in  all  other  duties  said  supervisors  shall  be 
governed  by  the  road  laws  now  in  force  in  this  Territory.  "8T 
In  this  connection  it  may  be  noted  that  a  substitute  had  been 
introduced  by  Mr.  James  K.  Moss,  prescribing  heavy  pen- 
alties and  giving  the  road  supervisors  the  power,  in  case  the 
regular  road  tax  proved  insufficient,  "to  order  out  every 
person  in  his  district,  subject  to  labor  on  roads,  as  many 
days,  as  in  his  opinion,  shall  be  necessary  to  put  such  road 
or  roads  in  good  repair. ' '  The  Legislative  Assembly,  how- 
ever, was  apparently  not  striving  to  bring  about  the  actual 
enforcement  of  law  and  so  the  substitute  did  not  prevail.88 

Of  the  two  additional  road  laws  enacted  by  the  Legis- 
lative Assembly  in  1841-1842,  the  one  amending  the  law 
defining  the  duties  of  road  supervisors  provided  that  "upon 
the  trial  of  any  action  against  any  person  or  persons  liable 
to  work  on  the  public  roads,  for  the  recovery  of  any  penalty, 
fine  or  forfeiture,  for  refusal  or  neglect  to  work  on  a  public 
road,  or  for  any  other  delinquency'1,  each  supervisor  "shall 
be  a  competent  witness  to  prove  the  warning  or  notice  given 
such  person,  and  any  other  fact  or  facts  necessary  to  estab- 
lish such  delinquency".89 

The  other  law,  which  was  amendatory  to  an  act  entitled 
"An  Act  for  opening  and  regulating  roads  and  high- 
ways",90 passed  in  1840,  is  significant  from  two  stand- 
points: first,  it  is  much  briefer,  but  more  definite  and 
systematic  in  outlining  the  method  of  laying  out  and  open- 
ing roads  than  were  earlier  acts ;  and  second,  it  places  larger 
powers  in  the  hands  of  the  board  of  county  commissioners. 
A  petition  for  laying  out  or  relocating  any  county  road 
must  be  "signed  by  at  least  twenty  legal  voters,  residing 
within  three  miles  of  where  said  road  is  to  be  laid  out  or  re- 
located".91 In  cases  where  it  was  not  signed  by  twenty 


THE  IOWA  TERRITORIAL  PERIOD  45 

legal  voters  the  granting  of  the  petition  was  optional  with 
the  board.  Moreover,  the  board  of  commissioners  was 
clothed  with  authority  to  order  at  their  discretion  the 
establishment  of  a  road  or  roads  without  an  actual  survey 
in  cases  where  it  could  be  conveniently  located  on  township 
or  section  lines. 

As  a  limitation  upon  the  powers  of  the  board  the  act 
provides  that  "in  no  case  shall  the  prayer  of  such  petition- 
ers be  granted  where  there  is  a  greater  number  remonstrat- 
ing against  the  re-location  or  establishment  of  any  such 
road  or  roads. "  In  the  matter  of  bridge  building  an  addi- 
tional example  of  the  greater  authority  provided  for  in  the 
new  act  is  to  be  found  in  the  fact  that  county  commissioners 
were  given  under  certain  conditions  the  power  at  their  dis- 
cretion "to  contract  and  agree  for  the  building,  keeping  and 
repairing  of  such  bridge,  and  to  pay  for  the  same  out  of  any 
money  in  the  county  treasury  not  otherwise  specially  appro- 
priated. "92 

A  careful  study  of  the  law  under  consideration  in  com- 
parison with  earlier  acts  therefore  reveals  a  tendency  to 
remove  at  least  some  of  the  purely  statutory  safeguards  of 
individual  rights  and  place  larger  administrative  responsi- 
bilities in  the  hands  of  the  county  board.  The  pioneers  of 
Iowa,  however,  were  not  disposed  to  vest  large  powers  even 
in  elected  officials,  and  so  it  is  no  cause  for  surprise  to  note 
evidence  of  a  reaction  from  time  to  time  against  such 
tendencies.93 

Aside  from  a  number  of  special  acts  for  the  laying  out 
and  opening  of  Territorial  roads,94  the  next  general  law  in 
reference  to  highways  is  to  be  found  in  the  Revised  Statutes 
of  the  Territory  of  Iowa,  1842-1843.95  That  the  subject  of 
road  administration  was  of  some  importance  during  the 
legislative  session  of  1842-1843  is  suggested  by  the  follow- 
ing editorial  comment  in  the  Iowa  Standard: 


46         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

By  our  reports  of  proceedings,  the  reader  will  perceive  that  dur- 
ing the  last  week  but  one  bill  of  any  great  importance  has  been 
passed' by  the  Legislature, —  viz:  that  conferring  upon  the  Boards 
[of]  County  Commissioners  power  over  the  location  of  Territorial 
roads.96 

Moreover,  the  existence  of  a  sentiment  which  demanded 
a  complete  change  in  the  road  laws  is  clearly  expressed  by 
an  editorial  entitled  '  'Revision  of  The  Laws",  which  ap- 
peared in  the  Iowa  Capitol  Reporter  early  in  the  session. 
The  editor  says : 

In  connection  with  this  subject,  our  legislators  should  be  remind- 
ed that  some  laws  in  the  statute  book  most  deplorably  need  a 
revision  and  new  modeling,  The  act  creating  the  county  com- 
missioners and  prescribing  their  duties  is  prominent  among  them 
and  should  be  wholly  remodeled.  This  body  has  very  great  and 
unwonted  powers  conferred  upon  them,  while  they  have  no  ac- 
countability to  any  tribunal,  no  checks,  no  return  of  their  doings, 
no  bonds,  no  penalties,  unless  for  such  criminal  misconduct  as  will 
subject  them  individually  to  indictment.  If  we  cannot  have  a 
general  revision  of  the  statutes  it  is  to  be  hoped  at  least,  that  the 
legislature  will  take  in  hand  a  few  of  the  most  obnoxious  laws  and 
put  them  into  better  shape.97 

In  "An  Act  for  opening  and  regulating  Eoads  and  High- 
ways ",  approved  on  February  1,  1843,  there  are,  however, 
very  few  if  any  important  changes  in  the  regulation  of  road 
administration.  The  boards  of  county  commissioners  are 
left  with  substantially  the  same  powers  as  under  earlier 
acts,  except  that  they  do  not  possess  the  authority  previous- 
ly granted  to  them  to  build  bridges  under  certain  conditions 
and  to  lay  out  roads  on  township  or  section  lines  at  their 
own  discretion.  As  has  already  been  observed,  the  pioneers 
of  Iowa  were  very  jealous  of  their  individual  rights  and 
hesitated  to  delegate  them  even  to  elected  officials  except 
when  absolutely  necessary. 

It  could  hardly  be  said  that  the  Revised  Statutes  are  re- 
markable for  clearness,  brevity,  and  logical  arrangement, 


THE  IOWA  TERRITORIAL  PERIOD  47 

but  many  unnecessary  details  and  a  number  of  duplica- 
tions of  statement  are  eliminated  —  which  always  indicates 
progress  in  the  profession  of  law-making.  At  the  same  time 
the  general  machinery  of  administration  remained  essen- 
tially the  same  under  the  provisions  of  the  new  law.  The 
methods  of  making  application  for  laying  out  and  opening 
roads,  changing  the  course  of  a  road,  vacating  a  road,  pro- 
viding for  roads  on  county  or  township  lines,  or  assessing 
damages  were  not  changed.  Nor  were  the  details  of  the 
statute  concerning  viewing,  reviewing,  surveying,  and  the 
making  of  plats  and  field  notes  modified  in  any  important 
way.  The  penalties  prescribed  for  the  neglect  of  duty  and 
the  compensation  allowed  are  also  substantially  the  same  as 
under  the  provisions  of  the  earlier  statutes. 

Furthermore,  no  important  change  was  made  in  the  pro- 
visions regarding  the  organization  and  functions  of  town- 
ship government.98  The  township  trustees  were  given 
practically  the  same  supervision  and  control  of  cartways 
and  private  roads  as  the  board  of  county  commissioners  had 
exercised  over  county  and  Territorial  roads.  Applications 
for  laying  out  any  cartway  or  private  road  were  made  to  the 
board  of  township  trustees,  and  the  appointment  of  viewers 
or  reviewers  for  cartways  or  private  roads  was  also  placed 
in  their  hands.  In  other  words,  there  appears  in  the  Revised 
Statutes  a  fairly  clear  line  of  demarcation  between  cartways 
or  private  roads,  which  were  under  the  jurisdiction  of  the 
township  trustees,  and  county  and  Territorial  roads,  which 
were  under  the  supervision  and  control  of  the  boards  of 
county  commissioners.  While  this  distinction  existed  in  a 
measure  under  earlier  acts,  it  had  not  been  marked  with  the 
same  clearness  and  precision  as  in  the  provisions  of  the 
Revised  Statutes."  From  the  standpoint  both  of  efficient 
road  administration  and  the  necessity  of  maintaining  at  all 
times  the  largest  possible  measure  of  local  self-government, 
it  is  an  important  distinction  and  one  which  has  a  direct 


48         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

bearing  upon  necessary  reforms  in  road  legislation  at  the 
present  time.100 

Af  the  following  (1843-1844)  session  of  the  Legislative 
Assembly  no  important  legislation  was  enacted  with  refer- 
ence to  roads  and  road  administration,  aside  from  a  number 
of  special  acts  laying  out  and  opening  Territorial  roads.101 
The  maximum  amount  of  road  tax  to  be  levied  was,  however, 
reduced  from  twenty-five  cents  to  fifteen  cents  on  each  one 
hundred  dollars  of  valuation  on  all  property  made  taxable 
by  the  revenue  laws  of  the  Territory ; 102  and  it  was  provided 
that  such  tax  might  be  worked  out  on  the  road  at  the  rate 
of  one  dollar  per  day. 

At  the  special  session  of  the  legislature  in  1844  an  amend- 
atory act  was  passed,  providing  that  boards  of  county  com- 
missioners were  not  obliged  to  lay  out  and  open  a  road 
unless  they  were  first  satisfied  that  the  public  convenience 
would  be  served  thereby.103  Two  or  three  additional  Terri- 
torial roads  were  provided  for  by  special  acts  of  the  As- 
sembly.104 

At  the  regular  session  of  the  Legislative  Assembly  in 
May,  1845,  three  laws  were  enacted  having  a  direct  and 
important  bearing  on  the  subject  of  roads  and  highways: 
(1)  an  act  to  amend  the  law  providing  for  levying  a  tax  on 
real  and  personal  property  for  road  purposes,  approved  on 
June  10,  1845  ;105  (2)  an  act  to  prevent  the  obstruction  of 
roads  and  highways,  approved  on  June  11, 1845  ;106  and  (3) 
an  amendment  to  the  law  providing  for  township  organiza- 
tion, approved  on  June  5, 1845.107  The  demand  for  a  more 
complete  and  definite  system  of  township  government  with 
special  reference  to  the  administration  of  roads  is  apparent 
from  the  following  resolution  which  was  offered  in  the 
House  of  Eepresentatives  by  Mr.  Ebenezer  W.  Davis  early 
in  the  session : 

Resolved,  That  the  Committee  on  Roads  and  Highways,  be  in- 
structed to  inquire  into  the  expediency  of  so  amending  the  present 


THE  IOWA  TERRITORIAL  PERIOD  49 

law  of  this  Territory,  prescribing  the  powers  and  duties  of  Town- 
ship Trustees,  as  to  authorize  the  Trustees  of  the  different  Town- 
ships to  lay  out  and  establish  Township  Roads.  Also,  to  enquire 
into  the  expediency  of  so  amending  the  present  law  of  this  Terri- 
tory, prescribing  the  duties  of  Supervisors  of  roads,  as  to  authorize 
said  Supervisors,  to  open  and  work  Township  roads.108 

Under  the  provisions  of  earlier  acts  the  township  trus- 
tees were  given  authority  over  cartways  and  private 
roads.109  In  the  statute  of  June  5, 1845,  it  was  enacted  that 
"the  trustees  of  townships  shall  have  power,  and  it  is  made 
their  duty  to  establish  township  roads  of  width  not  to  ex- 
ceed forty  feet  nor  less  than  twenty  feet,  as  in  their  judg- 
ment shall  be  deemed  convenient".110  They  were  not, 
however,  permitted  to  locate  any  township  road,  except  on 
section  and  quarter  section  lines,  without  the  consent  of  the 
owner  or  owners  of  the  land  through  which  the  road  passed. 
It  was  made  the  duty  of  the  township  clerk  to  record  all 
township  roads  established  by  the  trustees ;  while  the  meth- 
od of  viewing,  reviewing,  assessing  damages,  or  changing 
the  course  of  a  township  road  remained  substantially  the 
same  as  had  been  previously  provided.  In  short,  the  town- 
ship trustees  were  given  practically  the  same  powers  with 
reference  to  township  roads  as  the  board  of  county  commis- 
sioners possessed  in  the  case  of  county  and  Territorial 
roads.  Thus,  for  the  first  time  there  was  provided  the 
necessary  township  machinery  for  the  administration  of 
what  were  distinctly  known  as  township  roads. 

The  act  of  June  10, 1845,  amending  the  law  providing  for 
levying  a  tax  on  real  and  personal  property  for  road  pur- 
poses, conferred  upon  road  supervisors  and  county  treas- 
urers authority  in  the  matter  of  collecting  delinquent  taxes. 
It  was  made  the  duty  of  the  supervisor  to  prepare  a  list  of 
delinquents,  attach  his  certificate  thereto,  and  deliver  the 
same  to  the  county  treasurer ;  but  in  case  no  personal  prop- 
erty could  be  found,  out  of  which  to  obtain  the  delinquent 


50         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

road  tax,  the  treasurer  was  authorized  to  sell  a  portion  of 
the  real  estate  for  that  purpose.111  In  some  of  its  pro- 
visions the  statute  is  very  drastic  and  there  is  some  reason 
for  doubt  as  to  its  constitutionality.  For  instance,  the 
treasurer  is  given  authority  to  make  out  a  deed  conveying 
the  real  estate  in  fee  simple  to  the  purchaser,  which  deed  so 
executed  shall  be  prima  facie  evidence  of  the  regularity  of 
all  proceedings,  and  "no  person  shall  ever  question  the  title 
of  the  purchaser  to  the  real  estate  so  purchased,  in  any 
Court  of  law  or  equity,  either  as  plaintiff  or  defendant,  or 
complainant  or  defendant,  unless  he  shall  have  paid  or  of- 
fered to  the  purchaser  of  said  real  estate,  or  his  assigns, 
the  sum  so  paid  for  said  real  estate,  with  fifty  percentum 
per  annum,  from  the  date  of  such  sale  and  the  costs  of  such 
sale  and  deed."112  To  say  the  least,  this  is  an  unusual 
provision,  which  was  probably  directed  against  non-resident 
property  holders,  and  which,  it  would  seem,  would  logically 
result  in  the  taking  of  private  property  without  due  process 
of  law. 

Finally,  during  this  session  of  the  Legislative  Assembly, 
in  addition  to  a  number  of  special  acts  of  the  kind  already 
noted,113  the  penalties  for  obstructing  public  roads  and 
highways  were  made  somewhat  more  severe.  The  amount 
of  the  penalties  in  the  case  of  such  obstructions  and  the 
method  of  road  supervision  are  prescribed  in  the  statute. 
It  was  made  a  duty  of  the  sheriff  to  see  that  the  law  in  this 
respect  was  enforced.114 

At  the  last  session  of  the  Legislative  Assembly  of  the 
Territory  of  Iowa,  which  was  held  during  the  winter  of 
1845-1846,  three  brief  acts  were  passed  dealing  with  the 
subject  of  roads :  one,  approved  on  January  19,  1846,  had 
to  do  with  the  relocation  of  Territorial  and  county  roads  ;115 
another,  approved  on  January  2,  1846,  was  concerned  with 
legalizing  Territorial  and  county  roads;116  and  the  third, 
approved  on  January  1,  1846,  amended  the  law  prescribing 


THE  IOWA  TERRITORIAL  PERIOD  51 

the  punishment  for  obstructing  roads  and  highways.117  A 
number  of  special  acts  were  also  passed  at  this  session.118 
Of  the  three  acts  mentioned  the  one  legalizing  Territorial 
and  county  roads  is  perhaps  the  most  important.  It  pro- 
vides among  other  things  that  "it  shall  be  the  duty  of  the 
board  of  commissioners  of  the  respective  counties  within 
this  Territory,  to  furnish  their  clerks  with  suitable  record 
books,  to  be  kept  for  the  purpose  of  recording  all  roads,  and 
alterations  thereof,  which  may  be  made  within  their  respec- 
tive counties. "  It  is  made  the  duty  of  the  county  clerks 
upon  the  receipt  of  the  record  books  "to  record  all  the 
surveyor's  plats  of  roads  on  file  in  their  offices,  and  which 
roads  have  not  been  vacated  ".119  The  act  of  January  2, 
1846,  therefore,  provides  for  the  keeping  of  definite  records 
and  at  the  same  time  prescribes  definite  rules  for  deter- 
mining the  legality  of  Territorial  and  county  roads. 

Finally,  any  discussion  of  the  road  legislation  of  the  Iowa 
Territorial  period  would  be  incomplete  without  some  men- 
tion of  an  act  of  Congress  appropriating  money  for  the 
laying  out  of  what  were  termed  "military  roads "  in  the 
Iowa  country.  This  act,  which  was  approved  on  March  3, 
1839,  appropriated  the  sum  of  twenty  thousand  dollars  for 
"the  opening  and  construction  of  a  road  in  Iowa  Territory, 
from  Dubuque  on  Mississippi  Eiver  to  such  point  on  the 
northern  boundary  of  the  State  of  Missouri  as  may  be  best 
suited  for  its  future  extension  by  that  State  to  the  cities  of 
Jefferson  and  St.  Louis".  In  laying  out  the  road  an  effort 
was  to  be  made  as  far  as  practicable  to  accommodate  the 
seats  of  justice  of  the  counties  through  which  the  road 
would  pass  and  to  choose  the  best  sites  for  bridges  and 
ferries  over  rivers  and  creeks.  Furthermore,  in  the  same 
act  an  appropriation  of  five  thousand  dollars  was  made  for 
* l  opening  and  constructing  a  road  from  Burlington  through 
the  counties  of  Des  Moines,  Henry  and  Van  Buren  towards 
the  seat  of  Indian  Agency  on  the  Eiver  Des  Moines '  '.12° 


52         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

These  roads  were  carefully  surveyed  and  laid  out  by 
government  engineers,  and  later  Congress  made  an  addi- 
tional appropriation  for  keeping  them  in  repair  and  for 
making  improvements.121  In  contrast,  therefore,  to  a  ma- 
jority of  the  other  roads  of  the  Territory,  the  two  military 
roads  "were  worked  and  graded  and  the  most  of  the 
streams  were  bridged.  The  bridges  were  built  in  a  good, 
substantial  manner  and  greatly  benefited  the  people  in  the 
first  occupation  of  the  country.  The  facilities  of  travel, 
therefore,  were  much  improved,  and  it  was  only  natural 
that  these  two  roads  were,  in  comparison  with  others  in  the 
Territory,  extensively  used."122 

The  method  employed  in  marking  a  portion  of  one  of 
these  roads  —  namely  the  one  from  Dubuque  to  the  Mis- 
souri line  —  is  especially  interesting.  When  the  road  had 
been  surveyed  as  far  south  as  Iowa  City,  Lyman  Dillon  was 
employed  to  plow  a  furrow  between  the  two  towns,  a  dis- 
tance of  about  one  hundred  miles,  chiefly  it  seems,  for  the 
guidance  of  contractors  in  building  the  road.  "This  is 
believed  to  be  the  longest  furrow  on  record ",  says  one 
writer,  "and  served  as  a  guide  to  travelers,  and  a  well 
beaten  road  was  soon  made  along  side  of  Dillon's  fur- 
row."128 

By  way  of  summary,  it  should  be  borne  in  mind  that  the 
road  legislation  enacted  by  the  Legislative  Assembly  of  the 
Territory  of  Iowa  should  be  judged  from  the  standpoint  of 
pioneer  conditions.  The  early  settlers  needed  roads,  just  as 
they  required  a  system  of  public  schools  and  a  method  of 
raising  public  revenue.  Little  thought,  however,  was  given 
by  them  to  establishing  any  of  these  fundamental  institu- 
tions along  what  are  now  understood  to  be  scientific  lines. 
The  pioneer  had  a  wilderness  to  conquer  in  making  a  home 
for  himself  and  family.  While  he  was  obliged  to  lay  out 
and  open  some  means  of  communication  in  order  to  market 


THE  IOWA  TERRITORIAL  PERIOD  53 

his  produce,  attend  church,  and  send  his  children  to  school, 
in  doing  this  he  almost  invariably  followed  the  lines  of  least 
resistance.  The  laying  out  and  opening  of  a  road  in  early 
Iowa  frequently  consisted  in  plowing  a  furrow  across  the 
open  prairies.  As  a  general  rule,  the  viewers  followed  the 
high  ground,  so  as  to  avoid  low,  swampy  places  and  running 
streams.  Where  a  road  passed  through  the  woods  axemen 
were  employed  to  blaze  the  trees  and  cut  away  the  under- 
brush. Streams  in  many  places  were  forded :  bridges  con- 
structed with  rough  hewn  logs  were  few. 

In  his  History  of  Johnson  County  Dr.  C.  B.  Aurner  has 
devoted  considerable  space  to  the  subject  of  roads  during 
the  Territorial  period.  In  fact,  the  general  field  of  road 
administration  viewed  from  a  practical  standpoint  is  pri- 
marily a  problem  in  the  history  of  the  workings  of  township 
and  county  government.  While  it  is  possible  to  outline  the 
forms  of  local  government  and  administration  by  an  his- 
torical and  comparative  study  of  the  statutes,  it  is  neverthe- 
less true  that  the  actual  operation  and  workings  of  these 
forms  in  practice  can  be  understood  only  through  the  study 
of  local  history.  For  example,  the  history  of  road  adminis- 
tration in  a  particular  county,  or  to  be  more  concrete,  the 
history  of  the  expenditure  of  road  and  bridge  funds  in 
typical  counties  or  townships  would  form  a  valuable  supple- 
ment to  the  general  history  of  road  legislation.  This  is  true 
for  the  obvious  reason  that  the  actual  administration  of  the 
road  laws  has  always  been  primarily  a  function  of  local 
government,  including  the  county,  the  township,  and  the 
so-called  road  district. 

Dr.  Aurner  suggests  that  the  construction  of  roads  was 
one  of  the  first  problems  that  came  before  the  county  com- 
missioners ;  traces  in  detail  the  laying  out  and  opening  of  a 
number  of  highways  that  radiated  from  the  Old  Stone 
Capitol ;  refers  to  the  division  of  the  county  into  four  road 
districts  in  1840  and  into  fifteen  road  districts  in  1843 ;  out- 


54         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

lines  by  concrete  instances  the  methods  of  viewing,  review- 
ing, laying  out,  and  constructing  roads;  discusses  the 
assessment  of  damages  and  the  changes  in  the  location  of 
highways;  and  in  fact,  writes  a  brief  history  of  the  actual 
administration  of  the  road  laws.  Moreover,  Johnson  County 
affords  an  excellent  opportunity  for  the  study  of  the  history 
of  specific  highways,  largely  because  the  Old  Capitol  was 
connected  at  an  early  date  by  thoroughfares  with  the  prin- 
cipal towns  on  the  Mississippi  Eiver,  including  Dubuque, 
Muscatine,  Davenport,  and  Burlington.  The  chapter  deal- 
ing with  the  history  of  these  particular  roads  emphasizes 
the  fact  that  county  histories  when  properly  written  are  not 
only  worth  while  from  the  standpoint  of  general  history, 
but  are  especially  valuable  when  dealing  with  the  important 
group  of  problems  which  belong  almost  entirely  in  the  field 
of  local  administration.124 

A  careful  examination  of  the  road  legislation  enacted 
during  the  Territorial  period  shows  that  the  early  laws  were 
more  or  less  hastily  adopted  from  the  statutes  of  older 
jurisdictions.  The  act  to  provide  for  the  laying  out  and  the 
opening  of  Territorial  roads  passed  in  1838  was  evidently 
copied  from  the  laws  of  the  original  Territory  of  Wis- 
consin. Wisconsin  in  turn  appears  to  have  copied  the  same 
statute  from  the  laws  of  the  Territory  of  Michigan ;  while 
the  lawmakers  of  Michigan  had  access  to  the  codes  of  older 
States,  including  Ohio. 

During  the  second  session  of  the  Legislative  Assembly  of 
the  Territory  of  Iowa  the  statutes  of  Ohio  were  an  im- 
portant factor  in  shaping  road  legislation.  Thus  the  Iowa 
act  providing  for  the  organization  of  townships  was  mod- 
eled very  largely  on  the  Ohio  plan  —  except  that  the  system 
was  optional  and  not  mandatory.  The  act  for  defining  the 
duties  of  supervisors  of  roads  and  highways  and  the  act  for 
opening  and  regulating  roads  and  highways  were  both  taken 
almost  literally  from  the  statutes  of  Ohio.  In  fact,  the  only 


THE  IOWA  TERRITORIAL  PERIOD  55 

important  changes  made  in  copying  the  statutes  of  Ohio 
was  in  the  use  of  such  terms  as  "  county "  and  "  county  com- 
missioners", thus  indicating  the  influence  of  the  county- 
township  system  of  local  government  which  had  prevailed 
in  the  original  Territory  of  Wisconsin.  Briefly  stated,  the 
form  of  the  road  laws  enacted  during  the  second  session  of 
the  Legislative  Assembly  of  the  Territory  of  Iowa  was 
taken  largely  from  Ohio ;  but  with  only  slight  verbal  changes 
the  substance  was  partly  borrowed  from  Wisconsin.  Con- 
sequently the  legislation  of  1839-1840  provided  for  two 
distinct  systems  of  road  administration :  that  of  the  county, 
which  was  basic  and  was  adopted  from  the  Wisconsin  laws ; 
and  that  of  the  township  which  was  optional  and  was  adopt- 
ed from  the  Ohio  laws. 

But  in  Iowa  the  township  was  destined  to  become  a  more 
and  more  important  unit  of  local  government  from  the 
standpoint  of  road  supervision  and  control.  This  tendency 
may  be  discerned  even  in  the  later  legislation  of  the  Terri- 
torial period.  Between  1840  and  1846  the  township  prin- 
ciple was  greatly  strengthened  —  in  fact,  had  become  firmly 
established.  At  the  same  time  the  powers  of  the  board  of 
county  commissioners  were  increasing,  especially  with  ref- 
erence to  the  laying  out  and  opening  of  roads  and  the 
jurisdiction  which  was  conferred  upon  them  in  the  case  of 
so-called  Territorial  roads.  In  fact,  objection  from  time  to 
time  was  made  against  the  arbitrary  powers  exercised  by 
the  county  board,  it  being  alleged,  for  example,  that  this 
body  had  great  and  unwarranted  powers  conferred  upon  it 
which  ought  to  be  parcelled  out  among  smaller  units  of 
government  in  order  to  bring  the  administration  of  the  laws 
closer  to  the  people. 

In  this  connection  it  has  been  well  said  that  the  ultimate 
end  of  all  government  is  to  secure  popular  control  plus 
efficient  administration.  Democracy  in  general,  and  our 
pioneer  democracy  in  particular,  has  been  concerned  pri- 


56         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

marily  with  the  question  of  obtaining  popular  control.  The 
chief  argument  against  what  was  called  arbitrary  adminis- 
tration on  the  part  of  boards  of  county  commissioners,  and 
on  the  part  of  township  trustees  more  than  one-half  a 
century  later,  was  the  necessity  of  popular  control  —  that 
is,  the  bringing  of  the  government  as  close  as  possible  to  the 
taxpayers.  In  1840  the  desire  for  popular  control  resulted 
in  the  adoption  of  the  principle  of  township  organization, 
while  in  our  own  time  the  same  argument  is  repeatedly  used 
to  retain  the  small  sub-district  system  of  local  road  ad- 
ministration. 

Other  problems  emphasized  during  the  Territorial  period 
were  the  following:  (1)  the  necessity,  under  both  the  town- 
ship and  county  plans  of  organization,  of  protecting  in- 
dividual rights,  which  resulted  in  a  division  of  authority 
along  the  whole  line  of  actual  road  administration  and  a 
final  appeal  to  the  courts ;  (2)  the  relative  amounts  of  prop- 
erty and  personal  taxes  which  should  be  levied  for  road 
purposes ;  (3)  the  question  whether  or  not  road  taxes  should 
be  paid  in  money  or  labor;  and  (4)  the  desirability  of  im- 
posing relatively  larger  burdens  on  real  estate,  as  com- 
pared with  improvements,  for  the  benefit  of  actual  settlers. 


Ill 

THE  GRADED  AND  PLANK  EOAD  SYSTEM 
1846-1851 

Between  1846  and  1851  little  was  added  to  the  general 
body  of  road  legislation.  The  new  State  inherited  the  sys- 
tem of  local  government,  and  with  it  the  machinery  of  road 
administration,  which  had  been  created  during  the  Terri- 
torial period.  State  roads  continued  to  be  authorized  by 
special  acts  of  the  General  Assembly.125  Indeed,  the  only 
new  feature  of  any  real  significance  in  the  road  legislation 
of  this  period  was  a  tendency  on  the  part  of  the  General 
Assembly  to  grant  to  private  corporations  the  privilege  of 
building  plank  and  graded  roads  and  charging  for  their  use 
tolls  to  be  fixed  by  the  boards  of  county  commissioners. 
The  demand  for  better  transportation  facilities  before  the 
coming  of  the  railroad  made  this  type  of  road  a  necessity. 

The  only  general  law  of  importance  dealing  with  the  sub- 
ject of  roads  enacted  at  the  regular  session  of  the  First 
General  Assembly  was  "An  Act  regulating  State  Roads", 
approved  on  February  24,  1847.126  In  this  act  it  was  pro- 
vided that  before  any  petition  asking  for  a  State  road 
could  be  presented  to  the  General  Assembly,  notice  must  be 
given  in  each  county  and  in  two  public  places  in  each  town- 
ship through  which  the  road  passed,  specifying  the  place  of 
beginning,  the  intermediate  points,  if  any,  and  the  termina- 
tion of  the  road.  After  adequate  proof  of  notice  had  been 
obtained  and  the  petition  had  been  presented  in  due  form, 
the  General  Assembly,  in  case  no  remonstrance  was  made 
within  a  certain  time,  might  pass  an  act  for  the  location  and 
establishment  of  the  desired  road  and  appoint  commission- 

57 


58         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

ers  to  lay  out  the  same.  Moreover,  county  commissioners 
were,  given  power  to  alter  or  re-locate  any  Territorial  or 
State  road.  This  law,  however,  did  not  remain  long  on  the 
statute  books :  for  reasons  which  the  writer  has  been  unable 
to  discover,  at  the  extra  session  of  1848  a  law  was  enacted 
which  repealed  all  the  provisions  of  the  act  of  1847.127 

At  this  point  it  may  be  well  to  note  that,  following  the 
practice  inaugurated  during  the  Territorial  period,  a  large 
number  of  State  roads  were  established  by  special  acts  of 
the  legislature  between  1846  and  1857,  when  special  legisla- 
tion of  this  character  was  prohibited  by  the  new  Consti- 
tution. In  fact,  during  this  period  two  hundred  and  sixty- 
four  State  roads  were  established,  and  twenty-eight  of  them 
were  re-located.128  At  the  same  time  it  should  be  borne  in 
mind  that  establishment  by  law  did  not  in  every  case  mean 
the  laying  out  of  roads  that  were  really  serviceable.  In- 
deed, it  would  seem  from  the  following  description  that 
motives  other  than  a  desire  to  provide  more  and  better 
means  of  communication  oftentimes  prompted  the  enact- 
ment of  special  acts  establishing  State  roads. 

These  inchoate  highways  would  seem  legitimately  to  have  had 
but  one  purpose  —  that  of  facilitating  travel  and  intercourse  be- 
tween different  portions  of  the  Territory  or  State.  But  in  time 
their  establishment  became  an  abuse  which  the  makers  of  our  con- 
stitution did  well  to  suppress.  Candidates  for  the  legislature  were 
ready  and  even  eager  to  promise  to  secure  the  establishment  of 
these  roads,  in  order  to  obtain  support  in  securing  nominations,  as 
well  as  votes  at  the  election.  The  carrying  out  of  pledges  was 
generally  easy,  for  as  a  rule  these  projects  met  with  very  little 
opposition  in  the  legislature.  Then,  these  laws  provided  not  a 
little  patronage  in  the  appointment  of  commissioners  to  locate  the 
roads,  who  were  also  generally  authorized  to  appoint  one  or  more 
practical  engineers  and  surveyors.  A  team,  a  tent,  and  other  camp 
equipage,  one  or  more  common  laborers,  and  subsistence  for  the 
party,  were  also  required.  The  location  of  some  roads  required 
several  weeks,  and  as  the  work  was  for  the  most  part  undertaken 


GRADED  AND  PLANK  ROAD  SYSTEM  59 

as  early  in  the  season  as  animals  could  subsist  on  prairie  grass,  they 
were  real  junketing,  "picnicing"  excursions.  Nothing  could  be 
pleasanter  than  going  out  to  perform  such  official  duties.  The  pay 
was  sufficient  in  those  "days  of  small  things "  to  make  the  position 
of  commissioner  a  very  welcome  appointment.  The  appointments 
seldom  went  a-begging.129 

As  already  stated,  it  was  during  the  period  under  consid- 
eration that  the  General  Assembly  instituted  the  policy  of 
authorizing  the  construction  of  plank  and  graded  toll  roads. 
Since  all  of  the  laws  relative  to  such  roads  were  substantial- 
ly of  the  same  character,  an  analysis  of  one  or  two  typical 
acts  will  be  sufficient.  Thus,  the  Second  General  Assembly 
(1848-1849)  granted  to  one  James  Weed  and  his  associates 
the  right  of  way  and  the  privilege  of  constructing  a  road 
from  Bloomington  in  Muscatine  County  via  Tipton  in  Cedar 
County  to  the  county  seat  of  Benton  County.130  The  law 
provided  that  the  grade  of  the  road  should  not  be  less  than 
thirty  feet  wide  and  that  the  company  should  commence  the 
work  of  construction  within  six  months  after  the  passage  of 
the  act.  Provision  was  also  made  that  no  person  or  persons 
could,  by  refusing  to  give  their  consent  to  the  location  of  the 
road,  prevent  its  construction.  In  cases  where  land  owners 
considered  themselves  aggrieved  each  party  appointed  a 
disinterested  resident  freeholder ;  and  the  two  thus  chosen, 
after  selecting  a  third  person,  were  required  to  make  a 
personal  survey  of  the  premises,  assess  any  damages  that 
might  be  sustained  by  the  owner,  and  report  in  writing  to 
the  clerk  of  the  district  court.  The  report  thus  submitted 
was  considered  as  a  final  adjudication  between  the  parties ; 
and  in  case  James  Weed  and  his  associates  paid  the  amount 
of  damages  assessed  within  thirty  days  after  the  filing  of 
the  report,  they  were  to  be  given  the  complete  right  of  con- 
structing the  proposed  highway.  Special  provision  was 
made  for  the  notification  of  non-resident  land  owners.131 

As  soon  as  twenty-five  miles  of  the  graded  road  were  con- 


60         HISTORY  OF  EOAD  LEGISLATION  IN  IOWA 

structed  the  company  might  erect  toll-houses  and  gates  and 
"  exact  such  tolls  as  the  County  Commissioners  of  each 
county  through  which  said  road  may  be  located,  may  deter- 
mine, for  the  length  of  said  road  in  each  county  respective- 
ly: Provided,  That  the  said  commissioners  shall  establish 
reasonable  rates  of  toll,  and  such  as  will  render  to  the  said 
James  Weed  and  his  associates  a  reasonable  interest  on  the 
amount  of  funds  invested  in  said  road,  and  protect,  mutual- 
ly, the  said  James  Weed  and  his  associates,  and  the  public 
from  imposition."132  This  provision  is  especially  inter- 
esting since  it  indicates  a  definite  plan  on  the  part  of  the 
State  to  regulate  toll  charges  through  the  boards  of  county 
commissioners.  That  is  to  say,  it  was  recognized  to  be  the 
duty  of  the  State :  first,  to  require  efficient  service  and  thus 
protect  the  public  from  imposition,  and  second,  to  guarantee 
a  reasonable  profit  on  honest  investment  for  the  purpose  of 
protecting  the  corporation  from  what  might  amount  to  a 
confiscation  of  its  property.  It  will  be  observed  that  in  this 
provision  may  be  found  a  clear  statement  of  the  general 
idea  which  prevails  at  the  present  time  concerning  the  prop- 
er method  of  regulating  railroads  and  similar  public  service 
corporations.  If  it  was  desirable  and  proper  for  the  State 
to  authorize  the  construction  of  a  plank  and  graded  road 
and  regulate  the  toll  charges  for  its  use,  by  a  similar  course 
of  reasoning  it  would  also  be  legitimate  for  the  State  to 
authorize  the  construction  of  a  railroad  and  provide  for  the 
regulation  of  freight  and  passenger  rates. 

The  purpose  of  the  law,  judged  from  the  standpoint  of 
efficient  service  on  the  one  hand  and  of  legitimate  property 
rights  on  the  other,  is  made  especially  clear  in  the  following 
provision : 

It  is  hereby  declared  to  be  the  intention  of  this  act  to  establish  a 
graded  road,  between  the  points  mentioned  in  the  first  section  of 
this  act,  for  the  convenience  and  interest  of  the  public,  and  at  the 
same  time  to  protect  the  said  James  Weed  and  his  associates  in  the 


GRADED  AND  PLANK  ROAD  SYSTEM  61 

construction  of  said  road ;  and  for  that  purpose  the  right  of  way  is 
hereby  granted  to  the  said  James  Weed  and  his  associates  for  the 
term  of  twenty  years.133 

As  an  additional  protection  to  those  who  invested  money 
in  the  proposed  graded  road  the  law  provided  that  if  at  the 
expiration  of  the  twenty  year  period  "a  joint  convention  of 
the  Boards  of  Commissioners  of  the  several  counties 
through  which  the  said  road  may  pass  shall  be  made  satis- 
fied that  the  tolls  received  on  said  road  have  not  amounted 
to  a  sum  sufficient  to  cover  the  expenses  of  building  and 
keeping  said  road  in  repair,  and  the  incidental  expenses 
thereto  pertaining,  and  a  reasonable  interest  on  the  amount 
invested,  then  the  said  Boards  of  Commissioners  may  grant 
to  the  said  James  Weed  and  his  associates  the  right  to  exact 
tolls  upon  said  road  for  such  further  and  longer  term  as 
they  may  deem  proper."  The  law  further  provided  for  the 
posting  of  the  rates  of  toll  established  by  the  boards  of  com- 
missioners, the  method  of  collecting  toll  in  cases  of  refusal 
to  pay,  and  the  punishment  of  any  person  or  persons  for 
injuring  or  defacing  the  road  or  any  property  belonging 
thereto. 

This  graded  road  company,  which  was  required  to  be 
organized  under  the  provisions  of  the  general  incorporation 
act,134  was  granted  the  privilege,  when  it  should  be  deemed 
necessary  for  the  interest  of  the  public,  of  constructing  a 
plank  road  not  less  than  eight  feet  in  width  and  of  receiving 
such  additional  toll  as  might  be  fixed  by  the  boards  of  com- 
missioners. Finally,  in  case  no  additional  time  was  allowed 
to  the  grantees  by  the  county  commissioners,  the  act  pro- 
vided that  at  the  expiration  of  the  twenty  year  period  for 
which  the  right  of  way  was  granted  the  road  should  be 
"deemed  a  public  highway,  and  under  the  immediate  control 
of  the  Boards  of  Commissioners  of  the  several  counties 
through  which  the  same  may  pass".135 

An  example  of  the  laws  providing  for  plank  roads  is  to  be 


62         HISTORY  OF  EOAD  LEGISLATION  IN  IOWA 

found  in  an  act  granting  a  right  of  way  to  the  Burlington 
and  Toolsborough  Plank  Eoad  Company.136  The  act  stipu- 
lated, among  other  things,  that  the  land  to  be  taken  as  a 
roadway  should  not  exceed  sixty  feet  in  width  and  that  no 
private  property  could  be  taken  without  making  just  com- 
pensation to  the  owner.  Moreover,  the  method  of  determin- 
ing the  amount  of  damages  sustained  by  the  owners  of  land 
through  which  the  road  passed  was  fully  set  forth  in  the 
statute.  For  the  purpose  of  assessing  such  damages  pro- 
vision was  made  for  the  selection  of  a  jury  of  three  persons, 
who  were  required  to  examine  the  ground,  and  decide  upon 
the  amount  of  damages,  if  any,  that  should  be  paid  by  the 
company.  Upon  the  payment  of  the  damages  thus  ascer- 
tained, the  company  was  entitled  to  a  deed  for  the  right  of 
way  —  with  the  proviso  that  an  appeal  might  still  be  taken 
to  the  district  court. 

In  the  event  of  such  an  appeal,  however,  the  company, 
after  paying  or  offering  to  pay  the  amount  determined  upon 
by  the  jury,  could  commence  work  upon  the  proposed  road. 
But  it  was  provided  that  "in  no  case  shall  the  company  be 
liable  for  costs  on  an  appeal,  unless  the  appellant  recover  a 
greater  amount  of  damages  than  first  awarded. m37  It 
should  also  be  noted  in  this  connection  that  the  right  of  way 
thus  acquired  could  not  be  used  except  for  the  purposes 
contemplated  in  the  articles  of  incorporation  of  the  com- 
pany. Thus  the  law  under  consideration  represents  a  def- 
inite plan  and  purpose  to  safeguard  the  rights  both  of  the 
stockholders  and  of  the  public. 

During  the  period  from  1846  to  1851  rights  of  way  were 
granted  for  the  construction  of  thirteen  graded  or  plank 
roads  by  special  acts  of  the  General  Assembly  similar  to 
those  above  outlined.138  Unfortunately,  however,  owing  to 
the  absence  of  any  definite  data  on  the  subject,  it  is  not 
possible  to  state  how  many  of  these  roads  were  actually 
constructed  and  put  into  operation.  It  seems  quite  certain 


GRADED  AND  PLANK  ROAD  SYSTEM  63 

that  a  plank  road  was  completed  between  Burlington  and 
Mt.  Pleasant,139  and  that  a  similar  road  was  constructed 
from  Keokuk  a  distance  of  twelve  or  fifteen  miles  up  the 
valley  of  the  Des  Moines  Eiver.140  But  aside  from  these 
two  instances  it  is  doubtful  whether  any  of  the  plank  roads 
provided  for  by  law  were  actually  built;  although  it  is 
probable  that  several  graded  toll  roads  were  laid  out  and 
operated  by  the  corporations  to  whom  rights  of  way  were 
granted.  The  laws,  in  nearly  every  case,  authorized  the 
companies  to  construct  graded  roads  and  gave  them  the 
privilege  of  changing  to  the  plank  road  system  at  any  time 
if  such  a  change  seemed  desirable.  But  it  is  probable  that 
the  high  cost  of  construction  tended  to  discourage  the  com- 
panies from  undertaking  the  building  of  plank  roads. 

The  period  from  1846  to  1851  was,  therefore,  one  of 
special  legislation  from  two  standpoints:  first,  with  refer- 
ence to  the  laying  out  and  opening  of  ordinary  State  roads ; 
and  second,  in  the  authority  granted  to  private  individuals 
or  corporations  for  building  graded  and  plank  toll  roads.141 
Better  transportation  facilities  were  being  constantly  de- 
manded by  the  people  —  especially  by  the  inhabitants  of 
the  larger  cities  who  were  competing  for  the  trade  of  the 
rural  districts.  Before  the  coming  of  railways  it  was  neces- 
sary to  have  some  kind  of  permanent  wagon  roads  which 
would  be  open  for  traffic  during  all  seasons  of  the  year; 
and  so  the  plank  road  seemed  to  be  especially  adapted  to 
the  conditions  and  needs  of  pioneer  Iowa. 

Nor  was  the  plank  road  looked  upon  as  a  competitor  of 
the  railroad,  but  rather  as  a  supplementary  means  of  trans- 
portation. Many  people  declared  that  such  roads  would 
tend  greatly  to  increase  both  the  wealth  and  population  of 
every  county  through  which  they  passed,  because  the  sur- 
plus produce  of  the  rural  districts  "instead  of  rotting  in 
the  fields,  or  bringing  half  the  farmers  in  debt  at  the  end  of 
the  year,  would  thus  find  its  way  to  a  convenient  and  profit- 


64         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

able  market.  "142  And  it  was  pointed  out  that  such  roads 
were  in  reality  "farmers'  railroads ",  which  could  be  built 
without  resorting  to  Congress  for  donations,  and  that  if  the 
population  and  business  along  the  road  continued  to  in- 
crease so  as  to  demand  the  greater  facilities  afforded  by 
railroads  "it  will  be  but  a  small  job  to  tear  up  the  planks 
and  lay  down  the  rails.  "143 

In  other  words,  the  plank  road  was  regarded  by  the 
pioneers  of  Iowa  in  the  first  place,  as  necessary  in  itself  to 
the  full  development  of  the  population  and  wealth  of  the 
State;  in  the  second  place,  as  a  method  of  transportation 
supplementary  to  the  railroad ;  and  in  the  third  place,  as  a 
connecting  link  between  the  old  type  of  bottomless  wagon 
roads  and  the  railroad.  The  people  were,  in  fact,  very 
enthusiastic  for  the  development  of  all  means  and  methods 
of  transportation,  because  transportation  was  rightly  con- 
sidered absolutely  essential  to  real  economic  progress.  The 
current  newspapers  contain  many  references  to  the  enthusi- 
asm of  the  early  settlers  along  this  line.  The  following 
extract  from  a  communication  in  the  Burlington  Tri- 
Weeldy  Telegraph,  signed  "Anti-Corduroy",  is  character- 
istic of  the  period  and  shows  at  least  one  phase  of  what  has 
been  so  frequently  termed  the  West  in  the  growth  of  Amer- 
ican democracy : 

This  is  a  progressive  age  —  Rail  roads,  Plank  roads,  and  Steam 
boats  have  taken  the  place  of  the  more  staid  and  sober  method  of 
traveling  pursued  by  our  forefathers,  and  although  there  are  many 
more  lives  lost  now  than  at  any  former  period,  yet  this  is  an  age  of 
improvement  —  we  are  born  in  a  hurry  —  educated  in  a  hurry  — 
get  rich  and  poor  in  a  hurry  —  live  in  a  hurry  —  die  in  a  hurry 
and  get  our  reward  in  a  hurry.  ...  In  the  good  old  days  of 
the  primitive  fathers,  a  journey  of  an  hundred  miles  was  a  much 
greater  undertaking  than  a  trip  to  England  or  California  now.144 

It  is  interesting  to  speculate  as  to  what  "Anti-Corduroy" 
would  think  of  the  present  system  of  railway  transporta- 


GRADED  AND  PLANK  ROAD  SYSTEM  65 

tion,  which  represents  vastly  more  than  a  fulfillment  of  Ms 
enthusiastic  dreams. 

The  demand  for  plank  roads  soon  became  so  urgent  that 
many  taxpayers  considered  it  advisable  to  enact  a  general 
plank  road  law  to  take  the  place  of  the  special  acts.  The 
whole  system  of  constructing  plank  roads  was,  however, 
still  new  —  having  been  first  introduced  into  Canada  and 
later  into  the  State  of  New  York,  where  the  first  plank  road 
was  opened  to  the  public  on  the  twenty- sixth  day  of  July, 
1846.145  Between  1846  and  1850  it  appears  that  under  the 
general  plank  road  law  of  New  York  twenty-six  hundred 
miles  of  plank  roads  had  been  constructed,  representing  an 
investment  of  approximately  $4,500,000.146  In  the  absence 
of  a  general  law  on  the  subject,  the  legislature  of  Ohio  had 
during  the  session  of  1849-1850  granted  charters  to  forty- 
eight  companies  to  construct  plank  roads ;  and  in  addition 
several  other  charters  were  granted  for  the  construction  of 
turnpike  roads  with  the  permission  to  use  planks  if  found 
desirable.  In  short,  there  was  an  important  movement  in 
many  States  for  the  building  of  plank  and  turnpike  roads 
under  special  acts ;  but  following  the  example  of  New  York, 
there  was  also  a  growing  public  sentiment  in  favor  of  a 
general  law  on  the  subject. 

Moreover,  it  was  repeatedly  insisted  in  this  connection 
that  the  system  of  building  plank  roads  should  become  gen- 
eral because  the  whole  economic  progress  and  prosperity  of 
the  State  depended  upon  adequate  transportation  facilities. 
"Here  we  have  all  the  elements  of  national  prosperity  — 
remunerating  employment  supplied;  profit-bringing  busi- 
ness called  into  existence;  forest  lands  reclaimed;  real 
estate  made  valuable;  the  productions  of  the  earth  in- 
creased, both  in  quantity  and  value.  "147  Many  concrete 
estimates  made  at  that  time  regarding  the  value  of  such 
roads  to  farmers  by  enabling  them  to  market  their  produce 
with  greater  economy  and  efficiency  might  be  enumerated.148 


66         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

It  was  claimed  by  the  friends  of  the  plank  road  system 
that  "what  is  now  but  the  part  of  a  single  road,  will  soon 
become  common  throughout  the  State  as  a  general  system, 
traversing  every  county  and  connecting  every  section.  "149 
Accordingly  many  progressive  citizens  urged  the  General 
Assembly  to  adopt  a  law  on  the  subject,  "carefully  guarding 
individual  rights  but  giving  such  powers  and  privileges  as 
will  encourage  the  construction  of  such  roads,  and  insure 
protection  after  their  completion. ' '  Thus  it  is  evident  that 
the  pioneer  legislators  of  Iowa  clearly  understood  the  prob- 
lem of  regulating  public  service  corporations:  on  the  one 
hand  private  property  was  not  to  be  taken  for  public  con- 
venience or  use  without  just  compensation  to  the  owner; 
while  on  the  other  hand,  the  rights  both  of  the  public  and  of 
individuals  investing  their  money  in  such  enterprises  were 
to  be  alike  carefully  safeguarded. 

It  was  of  course  recognized  that  a  private  corporation 
engaged  in  strictly  private  business  could  not  take  the  prop- 
erty of  others  even  by  paying  a  reasonable  price.  In  order 
to  comply  with  the  constitutional  provision  which  requires 
that  "private  property  shall  not  be  taken  for  public  use 
without  just  compensation",150  the  argument  was  advanced 
that  the  proposed  roads  should  be  considered  as  public 
property  from  the  standpoint  of  use,  that  is,  the  companies 
constructing  these  roads  should  be  regarded  as  public  ser- 
vice or  quasi-public  corporations.  The  advocates  of  the 
plank  road  system  suggested  that  if  the  State  itself  had  the 
power  to  collect  tolls  on  any  public  improvement  it  logically 
followed  that  this  right  might  be  granted  to  any  company 
incorporated  under  general  law  to  construct  a  public  road. 

The  statement  was  frequently  made  that  public  service 
corporations  of  this  kind  would  tend  to  become  monopolies, 
but  the  friends  of  the  plank  road  system  held  that  a  monop- 
oly would  be  impossible  "so  long  as  there  are  so  many 
public  highways ' '.  In  this  connection  the  following  pointed 


GRADED  AND  PLANK  ROAD  SYSTEM       67 

statement  appeared  in  the  Burlington  Tri-Weeldy  Tele- 
graph: 

It  is  too  frequently  the  case  that  objections,  such  as  we  have  been 
considering,  spring  from  ignorance,  from  long  seated  and  blind 
prejudice,  from  envy,  and  sometimes  from  a  most  despicable  spirit 
of  demagogueism.  It  is  the  province  of  wisdom  to  sift  the  chaff 
from  the  wheat  —  and  it  is  the  duty  of  honest  legislators  to  pursue 
an  enlightened  policy  and  follow  the  light  of  sound  reason.151 

In  connection  with  the  agitation  for  the  plank  road  sys- 
tem at  least  three  important  points  should  be  noted:  first, 
the  fact  that  companies  building  and  maintaining  such 
roads  were  public  service  corporations  and  therefore  should 
be  entitled  to  take  private  property  for  their  use  (which 
meant,  in  reality,  for  public  use),  by  paying  just  compen- 
sation; second,  that  individuals  investing  their  money  in 
this  class  of  corporations  should  be  guaranteed  a  reasonable 
return  on  their  investment ;  and  third,  that  the  public  itself 
should  be  protected  against  possible  injustice  or  fraud. 

A  method  of  assessing  damages  in  the  case  of  plank 
roads  was  suggested  in  an  editorial  entitled  ' i  General  Plank 
Eoad  Law",  which  appeared  in  the  Burlington  Tri-Weekly 
Telegraph  on  December  21,  1858.  Among  other  things  the 
writer  urged  that  the  amount  of  such  damages  ought  to  be 
determined  by  a  jury  selected  for  the  purpose,  and  that  in 
assessing  damages  the  jury  should  be  sworn  to  take  into 
consideration  any  inconvenience  sustained  by  the  owner, 
including  the  building  of  additional  fences,  as  well  as  the 
benefits  to  be  derived  by  the  owner  from  the  proposed  road, 
including  the  "  increased  value  of  Ms  land  and  greater 
facilities  in  getting  to  market."152 

No  general  law,  however,  was  enacted  by  the  General 
Assembly.  In  lieu  thereof  a  number  of  special  acts  were 
again  passed  providing  for  the  building  of  plank  roads. 

In  promoting  the  agitation  for  plank  roads  there  were 
several  important  factors.  In  the  first  place  there  was  the 


68         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

desire  of  the  farmers  of  the  interior  counties  to  obtain  a 
market  for  their  produce.  Then  there  was  the  competition 
of  leading  cities,  especially  along  the  Mississippi,  to  secure 
this  market.  Just  as  New  York,  Philadelphia,  and  Balti- 
more were  each  striving  at  this  time  to  obtain  the  lion's 
share  of  the  extensive  trade  of  the  Upper  Mississippi  Val- 
ley, so  Burlington,  Keokuk,  Muscatine,  and  other  cities  of 
Iowa  were  endeavoring  on  a  less  extensive  scale  to  win  the 
trade  of  the  interior  counties.  This  fact  becomes  ap- 
parent when  one  examines  the  record  of  any  one  of  the 
important  road  companies  of  the  time.  For  example,  it  is 
urged  in  the  Burlington  Tri-Weekly  Telegraph  that  unless 
the  citizens  of  Burlington  make  liberal  subscriptions  to  the 
stock  of  this  class  of  companies,  the  excellent  market  along 
the  Iowa  Eiver  will  fall  into  the  hands  of  the  city  of  Mus- 
catine. An  editorial  in  the  same  paper  entitled,  "Burling- 
ton and  Louisa  County  Plank  Road",  contains  the  following 
instructive  suggestion : 

In  view  therefore,  of  the  importance  of  not  only  retaining  the 
trade  we  now  have,  but  of  opening  up  channels  of  communication 
with  the  interior,  by  which  it  may  be  greatly  augmented,  we  think 
it  behooves  the  people  of  Burlington  to  be  up  and  doing,  lest  ere 
while  they  wake  up  and  find  the  surplus  products  of  a  large  and 
growing  scope  of  country  flowing  into  other  channels,  to  increase 
the  wealth  and  population  of  other  and  rival  towns.153 

Again  it  was  claimed  for  the  proposed  plank  road  extend- 
ing from  Burlington  westward  that  it  would  have  the  same 
influence  in  enhancing  the  value  of  land  and  of  other  prop- 
erty and  in  the  building  up  of  towns  as  railroads  would 
have  —  and  at  about  one-fourth  of  the  expense.  Indeed, 
one  notes  the  same  arguments  in  favor  of  plank  roads  as 
were  made  later  to  promote  the  building  of  railroads,  and 
the  same  tendency  both  on  the  part  of  cities  and  rural  dis- 
tricts to  invest  liberally  in  the  stock  of  such  enterprises.154 

On  the  one  hand  the  plank  road  system  was  recognized  to 


GEADED  AND  PLANK  ROAD  SYSTEM  69 

be  a  necessity  from  the  standpoint  of  securing  business  for 
a  particular  city,  and  on  the  other  hand  plank  roads  were 
considered  of  even  greater  value  to  the  farming  community. 
If  the  farmers  depended  on  the  old  type  of  roads  they  were 
frequently  compelled  to  hold  their  surplus  product  until 
midsummer  when  navigation  was  partially,  if  not  wholly, 
suspended,  freight  rates  high,  the  markets  glutted,  and 
prices  low.  Plank  roads,  on  the  contrary,  afforded  a  dry, 
smooth,  and  easy  means  of  access  to  the  river  at  those  sea- 
sons of  the  year  when  the  navigation  was  good,  freight  rates 
low,  and  prices  at  their  highest  point.  The  amount  which 
the  farmer  invariably  lost  on  account  of  high  freights  and 
low  prices  represented  the  substantial  economic  basis  of 
the  so-called  plank  road  system.  Under  the  conditions  of 
poor  transportation  the  farmers  as  a  class  lost  heavily  in 
two  respects :  first,  by  being  compelled  to  accept  low  prices 
for  their  own  produce ;  and  second,  by  being  forced  to  pay 
high  prices  for  all  manufactured  articles  required  on  the 
farm.  It  was  alleged  repeatedly  that  "  Plank  roads  would 
relieve  them  of  both  these  heavy  and  discouraging  draw- 
backs upon  their  industry,  and  afford  them  such  facilities 
and  advantages  as  to  secure  them  ample  fortunes  where 
they  now  derived  but  a  scanty  living."155 

It  is  apparent  that  the  importance  of  efficient  transporta- 
tion—  which  included  or  was  soon  to  include  railroads, 
rivers  and  canals,  graded  and  plank  roads,  and  ordinary 
wagon  roads  —  was  coming  more  and  more  to  be  realized 
by  the  pioneers  of  Iowa.  Plank  roads,  canals,  and  railways 
were  regarded  as  "the  three  great  inscriptions  graven  on 
the  earth  by  the  hand  of  modern  science,  never  to  be  obliter- 
ated, but  to  grow  deeper  and  deeper,  as  channels  of  comfort 
and  prosperity."  The  fact  that  these  methods  of  trans- 
portation were  looked  upon  as  supplementary  and  not  as 
antagonistic  to  each  other  is  apparent  from  even  a  super- 
ficial examination  of  contemporary  sources.  On  this  point 
the  following  comment  is  suggestive : 


70         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Railways,  with  all  their  value,  and  they  are  of  priceless  worth  to 
man,  are  yet  the  thoroughfare  for  the  citizen  away  from  his  home  — 
for  the  journey,  the  travel,  the  tour ;  but  the  plank  road  is  for  the 
home  use  —  for  the  transit  which  is  begun  and  ended  in  a  day,  or 
its  fraction  —  which  gives  to  him  who  uses  it  a  double  value  or 
occupation  for  the  hours  of  the  day  —  which  increases  the  happi- 
ness and  comfort  and  profit  of  the  farm,  that  foundation  of  all  the 
institutions  of  society.156 

A  discussion  of  the  subject  of  graded  and  plank  roads 
would,  however,  be  incomplete  without  some  reference  to 
the  rigid  constitutional  provisions  dealing  with  the  general 
subject  of  corporations  and  the  reaction  which  was  taking 
place  in  favor  of  more  liberal  laws  along  this  line.  At  that 
time,  for  example,  the  Constitution  of  Iowa  absolutely  pro- 
hibited the  establishment  of  banks  with  power  to  issue  notes 
to  circulate  as  money.  The  prohibition  is  stated  in  the 
following  terms : 

No  corporate  body  shall  hereafter  be  created,  renewed,  or  ex- 
tended, with  the  privilege  of  making,  issuing,  or  putting  in  circu- 
lation, any  bill,  check,  ticket,  certificate,  promissory  note,  or  other 
paper,  or  the  paper  of  any  bank,  to  circulate  as  money.  The 
General  Assembly  of  this  State  shall  prohibit,  by  law,  any  person 
or  persons,  association,  company  or  corporation,  from  exercising 
the  privileges  of  banking,  or  creating  paper  to  circulate  as  money.157 

The  same  instrument  also  prohibited  the  establishment  of 
corporations  by  special  laws,  "except  for  political  or 
municipal  purposes",  the  General  Assembly  being  author- 
ized to  provide  by  general  laws  for  the  organization  of  all 
corporations  except  those  with  banking  privileges.  Finally, 
the  Constitution  stipulated  that  "the  stock  holders  shall  be 
subject  to  such  liabilities  and  restrictions  as  shall  be  pro- 
vided by  law.  The  State  shall  not  directly  or  indirectly, 
become  a  stockholder  in  any  corporation.  "158 

The  early  part  of  the  period  under  consideration  was 
characterized  by  a  rigid  construction  of  constitutional  pro- 


GRADED  AND  PLANK  ROAD  SYSTEM  71 

visions  in  matters  pertaining  to  the  general  subject  of  cor- 
porations —  which  meant  that  there  was  a  tendency  on  the 
part  of  the  General  Assembly  to  keep  a  large  amount  of 
authority  directly  in  their  own  hands,  granting  charters  by 
special  acts  rather  than  permitting  them  to  be  issued  under 
a  general  law.  It  appears  that  there  had  not  only  been  a 
marked  tendency  to  enact  special  laws  along  many  lines, 
including  the  laying  out  and  opening  of  State  roads ;  but  the 
General  Assembly  had  also  been  so  rigid  and  strict  in  the 
application  of  the  general  laws  of  incorporation  that  in  the 
judgment  of  many  well  informed  men  the  legitimate  and 
normal  development  of  business  enterprises  had  been  dis- 
couraged. Very  soon,  however,  there  appeared  a  marked 
reaction  against  both  of  these  tendencies  —  a  reaction  which 
was  partially  responsible  for  the  drafting  of  a  new  State 
Constitution  in  1857.  When  the  provisions  of  the  Code  of 
1851  dealing  with  the  subject  of  private  corporations  were 
under  consideration,  this  reaction  in  favor  of  such  corpo- 
rations had  already  become  a  very  positive  force. 

In  regard  to  the  question  of  individual  liability,  some  peo- 
ple held  that  persons  forming  a  corporation  should  be  liable 
only  to  the  extent  of  the  amount  of  capital  stock  subscribed. 
This  was  the  liberal  view  of  men  who  believed  in  encour- 
aging the  growth  of  capitalism  in  Iowa.  Others,  however, 
felt  that  individuals  organizing  corporations  should  be 
liable  to  the  full  extent  of  all  their  property.  This  was  the 
rigid  view  of  the  constitutional  provision  which  a  consider- 
able group  of  thinking  men  considered  detrimental  to  the 
general  welfare  of  the  State  —  it  being  alleged  by  the  op- 
ponents of  the  individual  liability  principle  that  a  man 
worth  a  thousand  dollars  might  be  quite  willing  to  commit 
fifty  dollars  worth  of  stock  to  the  judicious  control  and 
management  of  a  board  of  directors  in  order  to  aid  in  the 
construction  of  some  necessary  improvement,  when  that 
same  person  would  not  give  over  the  management  of  all 


72         HISTORY  OP  ROAD  LEGISLATION  IN  IOWA 

Ms  property  to  any  man  or  set  of  men  however  great  might 
be  the  necessity  of  a  given  improvement.159  For  this  reason 
it  Was  claimed  that  the  enactment  of  more  liberal  laws  re- 
garding the  formation  of  companies  "for  the  construction 
of  rail  roads,  plank  roads,  bridges,  turnpikes,  &c.,  and  for 
insurance  purposes  ",160  would  tend  to  foster  and  promote 
the  economic  development  of  the  Commonwealth. 

An  examination  of  the  newspaper  files  for  the  first  decade 
following  the  admission  of  Iowa  into  the  Union  reveals  the 
fact  that  the  people  generally  did  not  appear  to  understand 
the  real  nature  of  corporations.  What  was  meant  or  ought 
to  be  understood  by  individual  liability!  In  what  respect 
should  a  corporation  be  considered  a  legal  person  with 
power  to  sue  and  be  sued  in  the  courts  ?  What  was  the  real 
difference  between  a  corporation  and  a  partnership,  and  in 
what  respect  did  the  business  conducted  by  a  corporation 
differ  from  that  carried  on  by  individuals?  If  charters 
were  to  be  granted  giving  certain  special  privileges  to  cor- 
porations what  regulations  and  restrictions  should  be  made 
to  protect  the  interests  of  the  stockholders  on  the  one  hand 
and  the  public  on  the  other?  These  were  some  of  the  ques- 
tions about  which  the  people  generally  —  including  many 
leading  men  —  knew  but  very  little  in  1850.  There  was  a 
general  feeling,  however,  that  in  order  to  encourage  the 
introduction  of  foreign  capital  and  develop  the  State,  more 
liberal  constitutional  provisions  and  more  liberal  laws  were 
necessary.  Now  the  chartering  of  companies  for  the  build- 
ing of  graded  and  plank  roads  was  a  phase  of  the  general 
subject  of  corporate  organization,  regulation,  and  control.161 

As  time  went  on  the  feeling  became  stronger  and  stronger 
that  the  Constitution  of  1846,  which  prohibited  the  State 
from  entering  into  a  system  of  internal  improvements, 
should  either  be  redrafted  or  interpreted  according  to  more 
liberal  principles.  While  it  was  conceded  that  the  State 
should  not  engage  directly  in  a  system  of  internal  improve- 


GRADED  AND  PLANK  ROAD  SYSTEM  73 

ments  or  become  a  stockholder  in  general  corporations, 
many  persons  held  that  the  General  Assembly  should  pro- 
vide by  law  for  the  formation  of  companies  to  carry  on  this 
important  work.  Plank  roads,  railroads,  and  turnpike 
roads  were  all  needed;  but  it  was  difficult  to  induce  capital 
to  seek  investment  in  these  enterprises  when  the  companies 
were  granted  no  protection.  In  1851,  as  at  the  present  time, 
some  people  believed  in  liberal  and  others  in  rigid  legisla- 
tion on  the  subject  of  private  corporations.  Regarding  the 
very  timely  question  as  to  whether  the  government  shall 
regulate  the  corporations  or  the  corporations  control  the 
government,  the  following  statement  is  both  interesting  and 
instructive : 

Whenever  it  becomes  a  question  whether  the  capitalists  shall  use 
the  public,  or  the  public  the  capitalists,  we  think  all  discerning  men 
will  be  found  to  take  ground  on  the  side  of  the  public.162 

The  reaction  against  special  legislation  by  the  General 
Assembly  and  against  the  rigid  constitutional  and  statutory 
provisions  relating  to  private  corporations  led  to  important 
changes  in  the  State  Constitution.  Among  other  things,  the 
fundamental  law  as  redrafted  in  1857  prohibited  the  Gen- 
eral Assembly  from  passing  local  or  special  laws  "for  the 
assessment  and  collection  of  taxes  for  State,  County,  or 
road  purposes/'163  Thus  it  would  no  longer  be  possible  to 
lay  out  and  open  State  roads  under  special  acts  of  the 
General  Assembly  as  was  the  practice  prior  to  1857.  The 
new  Constitution  also  provided  for  the  creation  of  banking 
associations,  authorized  the  establishment  of  a  State  bank 
with  branches,  provided  rules  and  regulations  regarding 
the  enactment  of  a  general  banking  law,  stipulated  the  re- 
sponsibility of  stockholders,  and  prohibited  the  suspension 
of  specie  payments.  While  private  corporations  could  no 
longer  be  created  by  special  laws,  the  General  Assembly 
was  clothed  with  large  authority  to  provide  for  their  estab- 
lishment by  the  enactment  of  general  laws.164 


74         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The  period  which  intervened  between  the  admission  of 
Iowa  into  the  Union  in  1846  and  the  enactment  of  the  Code 
of  1861  was  not  characterized  by  any  important  change  in 
the  general  system  of  road  administration.  The  relative 
powers  vested  in  the  township  and  county  remained  sub- 
stantially the  same  as  outlined  during  the  Territorial 
period.  But  other  important  movements  and  problems  had 
appeared.  These  included :  first,  the  building  of  plank  and 
graded  toll  roads,  which  served  as  connecting  links  between 
the  ordinary  wagon  road  on  the  one  hand,  and  the  railroad 
of  a  later  time  on  the  other ;  second,  the  question  of  whether 
a  liberal  or  a  rigid  application  should  be  made  of  the 
constitutional  provisions  and  the  statute  laws  governing  the 
organization  of  corporations;  and  finally,  the  problem  of 
regulating  what  even  at  that  early  date  were  clearly  under- 
stood to  be  public  service  corporations. 

Iowa  had  but  few  navigable  rivers,  and  these  were  useful 
as  agencies  of  transportation  only  during  certain  months 
of  the  year.  The  pioneers  in  pushing  on  into  the  interior 
and  western  counties  found  it  more  and  more  difficult  to 
market  their  produce.  Eoads  were  impassable  during  those 
seasons  of  the  year  when  navigation  was  possible  and  thus 
it  was  very  difficult  for  the  farmer  to  get  his  produce  to 
market  in  time  to  secure  the  advantage  of  high  prices.  As 
a  logical  result  of  economic  conditions,  therefore,  the  de- 
mand for  a  more  permanent  system  of  highways  connecting 
the  Mississippi  Eiver  with  the  principal  market  centers  and 
farms  of  the  interior  counties  became  imperative.  The  set- 
tlers early  recognized  that  without  efficient  means  of  trans- 
portation the  economic  progress  of  the  new  Commonwealth 
would  be  greatly  retarded. 

The  plank  and  graded  toll  roads  were,  therefore,  a  neces- 
sity during  the  period  immediately  preceding  the  intro- 
duction of  railroads.  Such  roads  would  enable  the  farmer 
not  only  to  haul  much  heavier  loads,  but  also  to  take  his 


GRADED  AND  PLANK  ROAD  SYSTEM  75 

produce  to  market  at  the  proper  time  from  the  standpoint 
of  navigation  and  high  prices.  The  graded  toll  roads,  to- 
gether with  one  or  two  plank  roads,  constituted  the  prin- 
cipal channels  of  transportation  and  were  the  logical 
precursors  of  the  railroads,  serving  much  the  same  purpose 
during  the  decade  immediately  following  the  admission  of 
Iowa  into  the  Union  that  roads  of  steel  served  at  a  later 
period. 

Moreover,  largely  as  a  result  of  economic  necessity,  these 
permanent  roads  were  very  generally  constructed  by  pri- 
vate corporations  and  operated  as  private  enterprises:  it 
was  not  practicable  for  the  early  settlers  to  undertake  their 
construction  as  a  function  of  either  State  or  local  govern- 
ment. This  being  true,  the  private  ownership  and  operation 
of  transportation  agencies,  which  were  recognized  to  be 
public  in  character  judged  from  the  standpoint  of  service 
rendered,  called  up  for  the  first  time  in  Iowa  history  the 
important  question  of  State  regulation  and  State  control. 
Furthermore,  in  reference  to  this  important  problem  the 
pioneers  of  Iowa  clearly  recognized  the  following  facts: 
first,  that  the  right  to  charter  corporations  of  this  class 
logically  carried  with  it  the  right  of  supervision  and  con- 
trol; second,  that  private  property  could  not  under  any 
circumstances  be  taken  for  private  use  even  by  paying  a 
just  compensation,  and  when  taken  for  public  use,  not  only 
a  reasonable  price  should  be  paid  but  the  right  of  super- 
vision and  control  on  the  part  of  the  public  ought  to  be 
made  secure ;  and  third,  that  a  corporation  might  be  private 
from  the  standpoint  of  ownership  and  management,  and 
public  from  the  equally  important  standpoint  of  the  service 
rendered. 

Under  the  pioneer  conditions  of  early  Iowa  and  in  the 
face  of  the  considerations  above  outlined,  it  logically  fol- 
lowed that  some  men  would  adopt  what  were  generally 
understood  to  be  liberal  views,  while  others  would  hold 


76         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

more  rigid  ideas  as  to  the  extent  of  regulation  and  control 
which  should  be  exercised  by  the  State.  Largely  as  a  result 
of  the  "  wild-cat "  banking  schemes  of  the  period  immedi- 
ately preceding  the  admission  of  Iowa  into  the  Union,  the 
Constitution  of  1846  was  very  rigid  in  its  provisions  rela- 
tive to  the  chartering  of  private  corporations.  This  being 
true,  graded  and  plank  road  companies,  and  other  similar 
corporations  were  chartered  by  special  acts  rather  than 
under  a  general  law.  It  was  "believed,  however,  by  many 
well  informed  men  that  the  absence  of  liberal  constitutional 
provisions  and  liberal  legislation  along  this  line  was  greatly 
retarding  the  economic  progress  of  the  new  State.  The 
period  from  1846  to  1851  marked  the  beginnings  of  an  agita- 
tion for  State  regulation  and  control  of  public  service  cor- 
porations which,  continuing  to  the  present  day,  has  come  to 
include  the  whole  field  not  only  of  so-called  public  service 
corporations,  but  of  certain  great  producing  corporations 
as  well.  Indeed,  the  demand  of  the  early  settlers  of  Iowa 
for  State  regulation  and  control  of  plank  and  graded  toll 
roads  is  based  on  the  same  fundamental  principles  as  is 
the  demand  which  is  frequently  made  at  the  present  time 
for  the  regulation  of  the  Standard  Oil  Company,  the  United 
States  Steel  Corporation,  and  the  American  Tobacco  Trust. 


IV 

ADMINISTRATIVE  CENTRALIZATION:  THE 

COUNTY  ROAD  SUPERVISOR 

1851-1853 

It  is  generally  conceded  that  the  Code  of  1851  is  from 
many  standpoints  the  most  important  compilation  of  laws 
ever  adopted  by  the  General  Assembly  of  Iowa.  The  three 
commissioners  who  drafted  the  revision  were  all  men  of  the 
highest  order  of  ability,  possessing  special  knowledge  along 
political,  legal,  and  constitutional  lines.165  It  was  assumed 
that  they  would  not  change  the  substance  of  the  statutes 
then  in  force,  but  would  merely  reduce  the  laws  of  the  State 
to  a  logical  and  orderly  system.  At  the  same  time  it  ap- 
pears that  the  statutes  which  had  been  handed  down  by  the 
Legislative  Assembly  of  the  Territory  and  later  amended 
by  the  General  Assembly  of  the  State  were  productive  of 
so  much  confusion  and  were  so  disconnected  that  thorough 
and  systematic  revision  meant  a  more  or  less  complete  re- 
drafting of  the  whole  body  of  the  law.  Accordingly  the 
Code  Commission  went  beyond  the  original  purpose  of  the 
General  Assembly  and  prepared  a  new  and  vastly  more 
logical  compilation  of  the  laws  of  the  Commonwealth. 

Anyone  who  makes  a  careful  study  of  the  history  of  tax- 
ation in  Iowa  must  necessarily  be  impressed  with  the 
progress  along  fiscal  lines  which  was  made  in  the  provisions 
of  the  Code  of  1851.1QQ  And  the  same  improvement  is  ap- 
parent in  the  case  of  road  legislation  and  administration. 
In  fact  the  whole  machinery  of  township  and  county  govern- 
ment was  simplified  and  made  more  efficient  —  especially 
from  the  standpoint  of  actual  administration  —  by  the  pro- 

77 


78         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

visions  of  the  new  code.  What  had  been  a  complicated  net- 
work of  disconnected  laws  was  reduced  to  a  logical  system. 
What  had  been  a  hopelessly  decentralized  and  inefficient 
system  of  local  administration  was  made  more  centralized 
and  therefore  more  economical  and  efficient.  The  number 
of  local  officers  was  somewhat  reduced;  the  authority  of 
the  county  as  a  unit  of  local  government  was  greatly  en- 
larged, and  the  powers  heretofore  exercised  by  the  board 
of  county  commissioners  were  placed  in  the  hands  of  the 
county  judge.  In  the  assessment  of  property  and  the  equal- 
ization, levy,  and  collection  of  taxes,  in  the  administration 
and  control  of  roads  and  bridges  —  in  fact,  along  all  the 
important  lines  of  local  activity  —  the  county  was  not  only 
vested  with  additional  power  and  authority,  but  such  power 
and  authority  was  placed  in  the  hands  of  fewer  officials  who 
were  made  more  directly  responsible  for  their  acts.  In 
other  words,  the  Code  of  1851  stood  for  at  least  three 
things:  first,  simplicity  and  therefore  economy;  second, 
logical  and  systematic  arrangement;  and  finally,  more  di- 
rect and  efficient  administration  of  law. 

Before  making  an  analysis  of  the  road  legislation  con- 
tained in  the  Code  of  1851  it  may  be  well  to  examine  with 
some  care  the  forces  which  brought  about  such  radical 
changes.  Why,  for  example,  was  the  board  of  county  com- 
missioners abolished  and  its  powers  vested  in  the  county 
judge !  Why  was  the  former  decentralized  local  organiza- 
tion for  the  administration  of  roads  abolished  and  a  county 
road  supervisor  provided?  What  were  the  motives  which 
caused  so  large  an  amount  of  fiscal  authority  along  prac- 
tically all  lines  to  be  transferred  from  the  township  to  the 
county?  Unfortunately  the  available  source  materials  for 
the  history  of  the  period  do  not  contain  sufficient  informa- 
tion to  warrant  absolutely  positive  conclusions.  At  the 
same  time  by  making  a  careful  intrinsic  study  of  the  road 
legislation  of  the  Code  of  1851  in  comparison  with  earlier 


THE  COUNTY  ROAD  SUPERVISOR        79 

laws,  both  Territorial  and  State,  and  by  supplementing  this 
study  with  such  documentary  and  newspaper  materials  as 
are  available  it  is  possible  to  give  at  least  partially  satis- 
factory answers  to  these  questions. 

Moreover,  in  this  connection,  and  also  from  the  stand- 
point of  scientific  reform  along  the  line  of  road  legislation 
and  administration,  it  is  especially  desirable  to  consider  the 
arguments  which  were  made  for  and  against  the  system  of 
administrative  centralization  which  characterizes  the  local 
government  provisions  of  the  Code  of  1851.  Indeed,  it  is 
true  that  in  a  large  measure  the  arguments  which  were  used 
against  the  county  road  supervisor,  and  in  fact  against  the 
whole  plan  of  a  more  central  administrative  control  at  that 
time,  are  substantially  the  same  as  continue  to  be  advanced 
against  similar  reforms  which  from  time  to  time  have  been 
brought  before  the  General  Assembly.  Furthermore,  it 
may  safely  be  alleged  that  the  considerations  which  in  1851 
were  urged  in  favor  of  a  larger  measure  of  administrative 
centralization  in  local  government  and  administration  ap- 
ply with  greater  force  under  present  economic  conditions. 
And  so,  an  analysis  of  the  arguments  and  motives  which 
resulted  in  the  legislation  of  1851  may  have  a  direct  and 
most  important  bearing  upon  reforms  which  are  now  being 
proposed  for  the  more  economical  and  efficient  administra- 
tion of  roads  and  bridges.  The  Code  of  1851  was  far  in 
advance  of  anything  which  preceded  it  or  which  has  been 
adopted  since  that  time  along  the  lines  of  simplicity,  econ- 
omy, and  efficiency;  and  so  desirable  reforms  —  for  ex- 
ample, provision  for  a  county  road  engineer  —  may  be 
secured  by  practically  reenacting  certain  parts  of  that 
earlier  law.  This  is  only  another  way  of  saying  that  during 
the  last  sixty  years  there  has  been  a  backward  movement  in 
the  administration  of  roads  as  well  as  in  the  assessment 
and  collection  of  taxes.167 

As  has  already  been  pointed  out,  the  administration  of 


80         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

roads  and  bridges  is  a  function  of  township  and  county 
government.168  This  being  true,  it  is  quite  impossible,  or 
at  least  very  difficult,  to  understand  the  new  methods  of 
road  administration  without  knowing,  at  least  in  a  general 
way,  the  fundamental  changes  made  in  the  system  of  local 
government  and  the  reasons  which  brought  about  these 
changes.  For  example,  it  is  difficult  for  one  fully  to  appre- 
ciate why  the  decentralized  system  of  local  road  supervision 
was  abolished  and  the  office  of  county  road  supervisor  cre- 
ated unless  he  understands  why  the  board  of  county  com- 
missioners was  at  the  same  time  abolished  and  its  powers 
given  to  the  county  judge.  Nor  is  it  possible  to  grasp  fully 
the  meaning  of  the  radical  changes  made  in  the  system  of 
road  administration  unless  one  understands  the  modifica- 
tions which  were  made  in  the  powers  and  authority  of 
township  trustees  and  other  local  township  officials.  And 
in  this  connection  it  should  always  be  borne  in  mind  that 
local  government  is  like  an  organism  all  of  the  parts  of 
which  are  so  closely  inter-related  that  any  important  change 
made  in  one  part  thereof  necessarily  affects  the  whole. 

The  columns  of  the  Burlington  Tri-Weeldy  Telegraph 
and  of  one  or  two  other  contemporary  newspapers  contain 
instructive  materials  bearing  upon  the  Code  of  1851.1Q9  An 
analysis  of  these  materials  in  connection  with  an  internal 
study  of  the  code  itself,  as  has  been  pointed  out,  may  have 
a  direct  bearing  upon  the  present  good  roads  movement, 
simply  because  the  success  of  any  good  roads  movement 
depends  in  so  large  a  measure  upon  the  character  of  local 
administration  and  control. 

In  a  contribution  entitled  "The  New  County  Organiza- 
tion ",  signed  "J.  W.  G."  there  appears  a  very  clear  state- 
ment of  some  of  the  arguments  advanced  in  favor  of 
reducing  the  number  of  local  offices  and  establishing  a  more 
efficient,  economical,  and  centralized  plan  of  local  govern- 
ment. The  writer  states  that  the  business  of  his  county 


THE  COUNTY  ROAD  SUPERVISOR        81 

was  being  conducted  by  eight  officers  —  a  judge  of  probate, 
a  district  clerk,  a  school  fund  commissioner,  three  county 
commissioners,  a  recorder  of  deeds  who  was  also  treasurer 
and  collector,  and  a  county  commissioner's  clerk  —  while 
the  code  under  consideration  proposed  to  reduce  this  num- 
ber to  three  —  a  county  judge,  a  county  clerk,  and  a  record- 
er who  at  the  same  time  was  to  act  as  ex  officio  county 
treasurer,  thus  saving  his  county  $1,530,  which  in  addi- 
tion to  probate  fees  paid  into  the  county  treasury  would 
amount  to  a  total  annual  saving  of  $2,250.170  Thus  the 
argument  of  greater  economy  was  a  favorite  one.  At  the 
same  time  it  was  pointed  out  that  the  inducement  to  charge 
exorbitant  or  illegal  fees  was  removed  by  providing  that 
such  fees  should  be  paid  into  the  county  treasury. 

To  the  objection  that  the  powers  conferred  upon  the 
county  judge  were  too  great  to  be  vested  in  any  one  man,  it 
was  pointed  out  that  he  had  no  greater  authority  than  was 
then  possessed  by  the  county  commissioners,  fund  commis- 
sioner, and  probate  judge.  "Instead  of  having  three  men 
from  remote  parts  of  the  county  meeting  once  in  three 
months,  and  holding  a  session  of  three  days",  it  is  urged 
that  "we  will  have  an  officer  who  will  devote  his  whole  time 
and  attention  to  county  business.  He  will  become  familiar 
with  the  county  finances.  The  same  accounts  will  not  be 
likely  to  be  audited  and  paid  a  second  time."171  A  strong 
point  was  also  made  of  the  fact  that  the  county  court  would 
be  a  permanent  organization,  in  session  all  the  time  attend- 
ing to  the  wants  and  needs  of  the  people. 

In  reply  to  the  argument  that  the  plan  of  greater  central- 
ization was  undemocratic,  it  was  suggested  that  from  the 
standpoint  of  true  democratic  government,  economy  and 
efficiency  were  quite  as  essential  as  a  multiplicity  of  local 
officials.  The  argument  was  frequently  advanced  with 
much  force  that  to  elect  but  few  officials,  pay  them  fairly 
well,  and  hold  them  directly  responsible  for  an  honest, 

6 


82         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

economical  administration  was  in  itself  the  very  essence  of 
real  democracy.  These  statements  are  mentioned  for  the 
special  reason  that  they  are  quite  as  applicable  under  exist- 
ing conditions  as  during  the  period  under  consideration. 

In  a  communication  signed  "A  County  Officer "  an  at- 
tempt was  made  to  reply  to  the  arguments  of  "J.  W.  G." 
The  accuracy  of  the  estimated  saving  under  the  new  system 
was  questioned,  and  it  was  suggested  with  no  little  sarcasm 
that  "this  is  not  the  first  time  economy  has  been  preached 
from  the  closets  of  lawyers,  and  figures  have  been  dogmat- 
ically given,  without  the  slightest  foundation  in  truth,  in 
favor  of  changes,  which,  when  made,  have  universally  been 
disastrous  to  the  tax  paying  public.  "172  Objection  was  em- 
phatically made  to  the  centralization  of  power  in  the  hands 
of  only  two  or  three  county  officers,  as  provided  in  the  pro- 
posed new  code.  The  fact  that  three  officers  were  to  per- 
form the  duties  exercised  by  eight  under  the  old  system 
irritated  the  democratic  sensibilities  of  "A  County  Officer ". 
And  so  he  says :  "Why  not  make  His  Eminence,  the  County 
JUDGE,  perform  them  all,  and  ring  the  Town  Bell  into  the 
bargain?"  In  this  way  a  much  greater  saving  would  be 
realized.  Moreover,  it  was  alleged  that  the  new  system 
proposed  to  farm  out  the  county  offices  by  paying  a  regular 
salary  and  then  appropriating  the  fees  for  the  benefit  of  the 
public.  If  the  public  officers  could  do  this,  the  county  might 
also  ' i  sell  goods,  buy  pork,  build  plank  roads,  and  go  into  a 
general  system  of  making  money."173 

Criticism  was  also  lodged  against  the  anti-democratic 
features  of  the  new  system  —  especially  the  office  of  county 
judge.  Among  other  statements  "A  County  Officer"  con- 
tends that  "the  principle  that  representation  and  taxation 
should  go  together,  is  one  which  has  been  fought  for  cen- 
turies ago,  and  to  which  all  parties  now  give  a  willing  as- 
sent. If  one  officer  can  supplant  three  in  administering 
county  matters,  why  can  it  not  be  done  in  legislatures.  .  .  . 


THE  COUNTY  ROAD  SUPERVISOR        83 

Why  should  not  ' North  of  Flint'  and  *  South'  too  have  a 
voice  in  county  business,  as  well  as  the  town?"174 

It  therefore  appears  that  some  people  contended  that  the 
different  parts  of  the  county  should  be  represented  in  order 
that  justice  might  be  done  to  all  sections  and  especially  that 
the  interests  of  the  rural  districts  as  distinguished  from  the 
towns  and  cities  might  better  be  conserved.  While  the  spirit 
in  which  this  argument  was  brought  forward  is  no  doubt 
open  to  criticism,  the  argument  itself  possesses  real  merit 
and  has  exerted  an  important  influence  in  determining  the 
character  of  the  organization  of  county  government. 

The  two  communications  of  which  an  analysis  has  just 
been  made  are  typical  of  the  arguments  used  for  and  against 
the  system  of  county  government  proposed  by  the  commis- 
sioners who  drafted  the  Code  of  1851.  Those  who  favored 
the  county  judge  system  argued  that  it  would  be  more 
economical  and  efficient  than  the  old  system  and  that  it  was 
equally  democratic.  In  fact,  the  question  of  democracy  was 
the  main  point  of  contention  between  the  supporters  and 
opponents  of  the  proposed  plan  of  local  government.  The 
advocates  of  the  plan  declared  that  the  board  of  county 
commissioners  under  the  old  system  was  primarily  an  ex- 
ecutive rather  than  a  legislative  body,  and  that  there  was 
no  more  reason  for  selecting  three  commissioners  than  for 
choosing  five  or  six  Governors  or  as  many  sheriffs.  They 
also  argued  that  after  all,  representative  government  does 
not  depend  upon  the  election  of  numerous  officers,  but  rath- 
er upon  giving  the  people  the  right  to  vote  for  their  own 
representatives  who  are  held  responsible  for  their  acts. 
That  is  to  say,  county  government  with  three  officials  would 
be  just  as  representative,  or  perhaps  more  so,  than  county 
government  with  six  or  seven  or  perhaps  a  dozen  officials.175 
For  instance,  one  writer  declared : 

I  understand  everyone  is  represented  within  the  meaning  of  the 
phrase  which  your  correspondent  so  grossly  misunderstands,  when 


84         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

he  has  the  opportunity  of  voting  for  those  who  are  to  make  or  ad- 
minister the  laws  under  which  he  lives,  whether  the  number  of  such 
persons  be  few  or  many,  and  the  town  or  county  have  an  equal  right 
to  vote  for  the  County  Judge,  Clerk,  or  Recorder. 

I  do  not  understand  that  there  is  anything  in  the  democratic 
principle  which  requires  offices  to  be  created  for  the  benefit  of  the 
officer,  which  requires  seven  men  to  be  kept  in  pay  to  perform  the 
labor  that  three  men  would  perform  better  and  cheaper.  Economy 
is  the  handmaiden  of  democracy,  and  efficiency  is  not  its  antagonist. 
.  .  .  .  If  the  labor  is  more  than  one  man  can  perform,  give  the 
supervision  to  one,  give  him  the  means  necessary  to  go  through  with 
it,  and  make  him  responsible  for  its  performance.176 

On  the  other  hand,  the  opponents  of  the  proposed  system 
insisted  that  altogether  too  much  power  was  conferred  upon 
the  county  judge.  It  was  declared  that  he  might  draw 
money  out  of  the  treasury  for  his  own  private  purposes 
without  any  "possibility  of  detection";  and  that  the  "po- 
litical party  that  has  the  hardihood  to  father  such  a  bill  of 
abominations,  will  soon  be  beyond  the  aid  of  either  doctors 
or  lawyers."177  Another  writer,  who  signed  himself  "T", 
called  attention  to  the  fact  that  the  machinery  of  local  gov- 
ernment had  been  changed  at  least  three  times  during  the 
last  few  years,  and  that  when  these  changes  were  made  the 
people  were  "tantalized  with  profound  calculations  of  the 
great  economy",  which  had  never  been  realized  in  practice. 
In  fact,  the  main  arguments  against  the  county  judge  sys- 
tem were  summed  up  by  this  writer  as  follows : 

1.  It  gives  to  one  county  officer  unheard  of  authority  and  power, 
not  only  over  his  brother  officers,  but  over  the  people,  and  elects  him 
for  an  unprecedented  length  of  time. 

2.  It  places  all  the  other  officers  entirely  under  the  control  of 
this  officer,  and  renders  everybody  and  everything  subservient  to  his 
beck  and  nod. 

3.  It  deprives  two-thirds  of  the  people  of  their  rightful  repre- 
sentation and  voice  in  administering  their  own  internal  and  local 
affairs. 


THE  COUNTY  ROAD  SUPERVISOR        85 

4.  By  a  system  of  speculation,  by  the  county,  upon  the  fees  of 
the  officers,  it  renders  the  county  more  than  liable  to  the  ordinary 
results  of  speculation  of  private  individuals,  to  lose  more  than  it  will 
gain. 

5.  By  this  system,  it  threatens  to  make  every  county  office  a  di- 
rect burden  upon  the  county  treasury,  to  be  supported  only  by 
increased  taxation  of  the  people. 

6.  By  this  system,  based  upon  the  false  estimate  of  population 
instead  of  work,  the  county  officers  will  be  crowded  with  more  work 
than  they  can  possibly  perform,  and  the  people  will  be  hampered  at 
every  step  in  the  transaction  of  public  business. 

7.  That  the  figures  given  to  you  as  [to]  the  proposed  extent  of 
saving  to  each  county  and  to  each  tax  payer,  are  void  of  any  founda- 
tion in  truth,  and  that  there  cannot  possibly  be  any  saving  effected 
under  it,  but  on  the  contrary  an  increased  expenditure.1 78 

In  this  connection  it  may  not  be  altogether  irrelevant  to 
observe  that  American  democracy  does  not  yet  seem  to  fully 
understand  the  fact  that  real  representative  government 
does  not  consist  in  creating  offices  for  the  benefit  of  office- 
holders. Nor  is  there  an  adequate  appreciation  of  the  im- 
portance of  efficiency  in  administration  —  which  frequently 
means  more  centralization  in  the  administration  of  the  af- 
fairs of  government,  national,  State,  and  local.  It  is  the  old 
question  of  individualism  and  the  pursuit  of  individual  gain 
for  its  own  sake  as  contrasted  with  the  higher  civic  ideal  of 
public  service  which  after  all  is  the  real  basis  of  just  and 
efficient  government. 

Pioneer  democracy  in  Iowa,  as  well  as  in  other  jurisdic- 
tions, tended  to  over-emphasize  the  importance,  first,  of  the 
elective  principle,  and  second,  of  the  multiplicity  of  offices 
filled  by  men  supposed  to  be  directly  responsible  to  the 
wishes  of  the  people.  The  contention  that  if  it  is  impossible 
for  one  man  to  direct  the  work  (for  example,  to  look  after 
all  the  roads  in  a  certain  county)  he  should  be  given  general 
supervision  over  the  men  who  do  the  actual  work,  in  the 
interests  of  uniformity,  economy,  and  efficiency,  is  a  well 


86         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

recognized  principle  of  political  science ;  and  at  the  present 
time  there  is  some  recognition  of  the  importance  of  this 
principle  in  the  movement  for  good  roads.  It  is  interesting 
to  observe  that  this  is  exactly  the  point  made  in  the  com- 
munication above  referred  to  and  which  aroused  such 
strenuous  objection  on  the  part  of  the  opponents  of  the 
proposed  system.  Indeed,  as  has  already  been  said,  the 
arguments  presented  both  for  and  against  the  Code  of  1851, 
because  it  provided  for  a  more  central  type  of  administra- 
tion, are  almost  exactly  the  same  as  those  advanced  at  the 
present  time  in  favor  of  or  in  opposition  to  the  good  roads 
movement. 

It  would  be  repetitious  to  review  other  newspaper  sources 
dealing  with  the  code,  since  they  consist  in  the  main  of  a  re- 
statement of  the  facts,  suggestions,  and  arguments  already 
outlined.  It  is  only  necessary  to  add  that  the  temptation 
on  the  part  of  the  legislators  to  make  slight  amendments  to 
practically  every  section  of  the  code,  provided  it  could  be 
accomplished  "  without  doing  too  much  damage ",  did  not 
pass  unnoticed.  This  frailty  of  the  average  legislator  is 
well  characterized  in  an  editorial  in  the  Muscatine  Jour- 
nal179 

The  code  as  adopted  by  the  General  Assembly  in  1851 
provided  for  the  following  county  officers :  a  county  judge, 
a  clerk  of  the  district  court,  a  county  attorney,  a  recorder, 
a  sheriff,  a  surveyor,  a  coroner,  and  a  supervisor  of  roads, 
all  elected  for  a  term  of  two  years  except  the  county  judge 
who  was  elected  for  four  years.  It  will  be  observed  that 
after  all  the  debate  and  discussions  about  abolishing  offices 
the  number  was  left  substantially  the  same  as  before  — 
except  that  a  county  judge  was  provided,  in  lieu  of  the  board 
of  county  commissioners,  and  was  made  the  "  accounting 
officer  and  general  agent  of  the  county.  "18°  Thus  the 
county  judge  was  given  essentially  the  same  power  and 
authority  with  reference  to  the  administration  of  roads  and 


THE  COUNTY  ROAD  SUPERVISOR        87 

bridges  as  had  formerly  been  exercised  by  the  board  of 
county  commissioners. 

Among  other  provisions  the  code  stipulates  that  "the 
county  court  has  the  general  supervision  over  the  highways 
in  the  county  with  power  to  establish  and  change  them  as 
herein  provided  and  to  see  that  the  laws  in  relation  to  them 
are  carried  into  effect."181  It  is  further  provided  that 
county  and  State  roads  should  be  sixty-six  feet  in  width  — 
but  for  good  reasons  the  court  is  given  authority  to  fix  a 
different  width,  not  less  than  thirty-three  feet.  Among  the 
additional  powers  conferred  upon  the  county  court  in  the 
matter  of  roads  mention  may  be  made  of  the  authority  of 
prohibiting  any  person  from  riding  or  driving  faster  than  a 
walk  across  certain  bridges,  and  of  acting  as  the  fiscal  and 
accounting  agent  of  the  county  in  the  administration  of 
highways. 

The  road  law  of  the  Code  of  1851,  which  is  much  more  log- 
ical and  systematic  than  any  preceding  statute,  is  arranged 
under  the  following  headings:  (1)  general  provisions,  (2) 
manner  of  establishing  county  roads,  (3)  establishment  and 
alteration  of  State  roads,  (4)  road  taxes,  (5)  making  and 
repairing  roads,  and  (6)  manner  of  conducting  the  fiscal 
operations  connected  with  the  road  tax.  The  subject  mat- 
ter under  each  title  or  heading  is  placed  in  consecutive  form, 
and  all  unnecessary  details  are  eliminated.  Indeed,  from 
the  standpoint  of  brevity,  logical  form,  and  systematic  ar- 
rangement, as  well  as  in  the  matter  of  centralized  respon- 
sible administration,  the  Code  of  1851  in  general,  and  the 
road  provisions  in  particular,  represent  the  high  water 
mark  of  constructive  legislation  in  Iowa  —  a  fact  which  is 
largely,  perhaps  almost  entirely,  due  to  the  high  character 
and  ability  of  the  three  Code  Commissioners. 

The  provisions  of  the  new  code  dealing  with  the  manner 
of  establishing  county  roads  are  in  a  large  measure  a  con- 
densed statement  of  the  requirements  found  in  the  earlier 


88         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

\ 

statutes.  Thus,  four  weeks  notice  at  the  court  house  and  in 
three  public  places  in  each  township  through  which  the 
proposed  road  is  to  pass  is  required  before  the  petition  ask- 
ing for  its  establishment  is  presented  to  the  county  court. 
It  is  further  specified  that  such  notice  must  state  the  prin- 
cipal points  through  which  the  road  is  to  pass  and  the  time 
at  which  application  will  be  made  to  the  county  court  for 
the  appointing  of  a  commissioner  to  examine  and  report 
upon  the  desirability  of  establishing  the  road.182  The  se- 
curity required  is  much  the  same  as  in  former  acts,  but  it 
is  provided  that  if  the  proposed  road  is  less  than  five  miles 
in  length  security  must  be  given  for  the  absolute  pay- 
ment of  all  necessary  expenses. 

After  the  notice  is  posted  and  the  necessary  security  has 
been  given,  the  court,  that  is  the  county  judge,  ' l  shall  pro- 
ceed to  the  consideration  of  the  case,  and  if  satisfied  that 
the  above  mentioned  prerequisites  have  been  complied  with 
shall  appoint  some  suitable  and  disinterested  inhabitant  of 
the  county  a  commissioner  to  examine  into  the  expediency 
of  the  proposed  road  and  to  report  accordingly."183  It  is 
made  the  duty  of  this  commissioner  to  view  the  road ;  but  in 
doing  so  he  is  not  "  confined  to  the  precise  matter  of  the 
petition  but  may  inquire  and  determine  whether  that  or  any 
road  in  the  vicinity  answering  the  same  purpose  and  in 
substance  the  same  be  required",184  taking  into  considera- 
tion both  the  public  and  the  private  convenience  and  in- 
convenience and  at  the  same  time  making  a  careful  estimate 
of  the  expense  of  the  proposed  highway.  In  case  his  report 
is  adverse,  there  are  no  further  proceedings ;  but  in  case  it 
is  favorable,  the  county  judge  is  clothed  with  authority  to 
receive  claims  for  damages  and  appoint  appraisers  to  ad- 
judicate the  same  prior  to  the  actual  laying  out  and  opening 
of  the  road.  If  the  circumstances  are  favorable,  the  com- 
missioner may  proceed  at  once  to  lay  out  the  road;  but  if 
the  precise  location  of  the  road  can  not  be  readily  ascer- 


THE  COUNTY  EOAD  SUPERVISOR        89 

tained  "he  must  call  to  his  aid  a  competent  surveyor  and 
the  necessary  assistants  and  cause  the  line  of  the  road  to  be 
accurately  surveyed  and  plainly  marked  out."  Other  de- 
tails concerning  the  duties  of  the  special  commissioner, 
including  his  per  diem  allowance,  are  contained  in  the  law.185 

After  the  filing  of  the  special  commissioner's  report  in 
favor  of  the  road,  it  is  made  the  duty  of  the  court  to  appoint 
a  day  for  acting  upon  the  same,  which  shall  not  be  less  than 
sixty  nor  more  than  ninety  days  from  the  time  of  receiving 
the  report.  All  claims  for  damages  must  be  in  writing  and 
filed  in  the  county  office  within  a  certain  specified  time.  The 
appointment  and  duties  of  appraisers  are  thus  explained: 
"Upon  the  filing  of  such  claim  the  court  must  appoint  three 
suitable  and  disinterested  voters  of  the  county  as  appraisers 
to  view  the  ground  on  a  day  fixed  by  the  court  and  report 
upon  the  amount  of  damages  sustained  by  the  claimant  after 
deducting  therefrom  the  benefit  he  will  receive  from  said 
road."186 

The  large  amount  of  power  and  discretion  vested  in  the 
county  judge  is  apparent  from  a  careful  examination  of  the 
section  dealing  with  the  hearing  of  testimony  and  the  actual 
establishment  or  rejection  of  the  proposed  road.  First  of 
all,  it  matters  not  whether  an  application  for  damages  has 
actually  been  made,  for  in  any  event  "the  court  may  hear 
testimony  and  receive  petitions  for  and  against  the  estab- 
lishment of  such  road."  That  is  to  say,  the  county  judge 
may  appoint  appraisers,  and  later  on  other  appraisers,  if 
necessary;  but  in  the  end  he  may  receive  evidence  himself 
and  perform  all  the  duties  required  to  be  performed  by  ap- 
praisers. In  order  to  make  the  law  still  more  elastic  and 
clothe  the  county  judge  with  additional  authority  and  dis- 
cretion, it  is  provided  that  the  court  "may  establish  or 
reject  the  road  absolutely  or  it  may  make  such  establish- 
ment conditional  upon  the  payment  in  whole  or  in  part  of 
the  damages  awarded  or  the  expenses  incurred  in  relation 


90         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

thereto,  as  the  public  good  may  seem  to  require."187  In 
other  words,  the  question  as  to  whether  a  road  shall  be 
established  or  not  established,  and  all  matters  incident 
thereto,  are  in  the  last  analysis  placed  in  the  hands  of  the 
county  court. 

It  would  seem,  however,  that  the  code  provides  certain 
definite  safeguards  against  the  possible  abuse  of  the  large 
and  somewhat  arbitrary  powers  of  the  county  court.  In 
case  money  is  advanced  for  the  opening  of  a  road  a  memo- 
randum of  the  same  must  be  made,  and  the  clerk  is  required 
to  issue  a  certificate  to  the  person  making  such  payment. 
If  the  road  is  discontinued  at  any  time  thereafter,  the  money 
thus  paid  is  refunded  to  him  or  his  legal  representatives. 
Finally,  when  damages  have  been  paid  by  the  county  or  by 
an  individual,  the  amount  of  such  damages  must  be  re- 
funded in  case  the  road  is  discontinued.  Claims  of  this 
character  are  made  liens  upon  the  land  which  may  be  sold 
to  liquidate  the  debt. 

Some  other  minor  facts  concerning  the  establishment  of 
county  roads  are  instructive.  After  the  road  is  established 
the  plat  and  field  notes  are  filed  by  the  clerk,  and  then  it  is 
the  duty  of  the  county  supervisor  of  roads  to  open  and  work 
the  new  highway  according  to  law.  In  case  all  of  the  owners 
of  the  land  to  be  used  in  opening  a  certain  road  give  their 
written  consent  the  proposed  highway  may  be  established 
without  the  appointment  of  a  commissioner.  Finally,  when 
roads  are  laid  out  either  along  or  across  a  county  line  con- 
current action  of  the  respective  county  courts  is  necessary 
and  the  commissioners  must  take  action  together.  In  all 
such  cases  the  proposed  road  will  not  be  considered  as 
established  in  one  county  until  it  has  been  established  in 
both. 

That  portion  of  the  Code  of  1851  dealing  with  the  admin- 
istration of  roads  also  provides  certain  general  rules  for 
the  laying  out  and  opening  of  State  roads,  which  are  much 


THE  COUNTY  ROAD  SUPERVISOR        91 

the  same  as  those  observed  in  the  laying  out  and  opening  of 
county  roads.  Thus,  it  is  provided  that  the  report  of  the 
commissioners  named  in  the  special  acts  of  the  General 
Assembly  should  be  filed  in  the  office  of  the  Secretary  of 
State  within  six  months  from  the  time  of  the  passage  of  the 
law  authorizing  the  road.  A  plat  of  the  proposed  road 
together  with  a  copy  of  the  field  notes  must  be  attached  to 
the  report ;  and  the  Secretary  of  State  is  required  to  trans- 
mit copies  of  the  plat  and  field  notes  of  the  portion  of  the 
road  located  in  each  county  to  the  proper  county  authori- 
ties, where  they  are  filed  and  recorded  as  in  the  case  of 
county  roads.  In  fact,  State  roads  after  being  established 
are  treated  in  all  respects  the  same  as  county  roads,  except 
that  they  can  not  be  discontinued  or  in  any  way  changed  by 
order  of  the  county  court.  Indeed,  it  would  seem  that  the 
principal  difference  between  State  and  county  roads  under 
the  Code  of  1851  was  that  the  former  were  authorized  by 
special  acts  of  the  General  Assembly,  while  the  latter  were 
established  by  order  of  the  county  court.  After  being  once 
established,  State  and  county  roads  were  on  essentially  the 
same  basis  so  far  as  their  practical  administration  was 
concerned. 

Eegarding  the  important  matter  of  road  taxes  the  code 
provisions  stipulate  that  every  person  "liable  to  pay  a 
county  poll  tax  must  pay  a  road  tax  of  such  an  amount  as  is 
fixed  by  the  county  court,  which  shall  not  be  less  than  one 
nor  more  than  two  dollars  annually. "  This  again  allows 
a  considerable  amount  of  discretion  to  the  county  judge. 
While  fixing  the  rate  of  poll  tax,  which  may  be  worked  out 
on  the  road  at  the  rate  of  one  dollar  a  day,  the  county  court 
is  also  required  to  determine  upon  the  property  tax  for 
roads  and  bridges,  "which  shall  not  be  less  than  one  nor 
more  than  three  mills  on  the  dollar  on  the  amount  of  the 
county  assessment  ",188  A  higher  rate  may,  however,  be 
levied  by  vote  of  the  people  of  the  county  upon  the  question 


92         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

being  submitted  according  to  law.  In  addition,  a  special 
property  tax  of  not  more  than  one  mill  on  the  dollar  in  any 
one*  year  may  be  levied  for  the  building  of  a  bridge  too  ex- 
pensive to  be  constructed  out  of  the  ordinary  road  fund. 
Unless  otherwise  provided  road  taxes  are  to  be  considered 
a  part  of  the  county  tax  and  collected  in  the  same  manner, 
except  that  ordinary  county  warrants  are  not  receivable 
for  that  purpose. 

Those  provisions  of  the  road  law  dealing  with  the  making 
and  repairing  of  roads  are  especially  instructive  because 
they  reveal  to  what  degree  the  administration  of  roads  was 
actually  placed  in  the  hands  of  the  county  supervisor  and 
county  court.  The  simplicity,  the  clearness,  and  the  direct 
logical  arrangement  of  these  sections  are  apparent  to  the 
critical  reader.  The  powers  and  authority  of  the  county 
road  supervisor  and  his  relations  to  the  county  court  were 
carefully  set  forth.  The  township  was  regarded  as  a  minor 
administrative  division,  the  deputy  in  each  township  being 
appointed  by  the  county  road  supervisor  and  subject  at  all 
times  to  his  orders.  In  other  words,  the  county,  by  virtue 
of  the  extensive  powers  vested  in  the  county  road  super- 
visor and  the  county  judge,  was  the  important  unit  of  local 
government  from  the  standpoint  of  road  administration. 
In  fact,  it  is  believed  that  the  General  Assembly  in  dealing 
with  present  conditions  might  obtain  from  this  system  of 
responsible,  efficient,  centralized  supervision  and  control  of 
roads  and  bridges  valuable  suggestions  for  the  solution  of 
current  problems  in  road  administration. 

Among  the  specific  provisions  for  road  supervision  it  is, 
first  of  all,  made  the  duty  of  the  county  road  supervisor  to 
"provide  himself  with  a  map  of  his  county  on  a  scale  of  not 
less  than  one  inch  and  a  half  to  the  mile,  which  shall  be  care- 
fully kept  and  transmitted  to  his  successor  in  office.  "189 
This  map  must  show  all  of  the  roads  established  in  the 
county,  and  any  new  roads  that  are  laid  out  must  be  added 


THE  COUNTY  ROAD  SUPERVISOR        93 

from  time  to  time.  In  case  a  road  is  established  along  a 
county  line,  it  is  made  the  duty  of  the  supervisors  of  the 
respective  counties  to  apportion  that  part  of  the  road  upon 
the  county  line  either  by  agreement  or  by  lot ;  and  after  the 
same  has  been  apportioned,  the  road  which  falls  to  either 
county  l '  shall  belong  to  and  be  kept  in  repair  by  it. ' '  With 
the  approval  of  the  county  court  the  supervisor  is  granted 
the  additional  authority  to  hire  or  purchase  the  necessary 
implements  required  to  keep  the  roads  of  his  county  in 
proper  condition.  Eegarding  the  expenditure  of  funds  by 
the  supervisor  it  is  provided  that  "he  must  annually 
expend  within  each  surveyed  township  or  fractional  town- 
ship containing  any  portion  of  an  established  road  at  least 
one  half  of  the  ordinary  road  tax  levied  on  real  estate  within 
such  township. "  With  the  approval  of  the  county  court 
the  remaining  one-half  might  be  expended  in  the  construc- 
tion of  bridges  or  in  the  making  of  other  necessary  im- 
provements in  any  part  of  the  county  —  a  provision  which 
again  shows  to  what  extent  the  supervision  of  roads  was 
considered  a  county  function  and  furnishes  at  the  same  time 
additional  evidence  of  the  power  and  discretion  vested  in 
the  county  court. 

The  provision,  however,  which  reveals  most  clearly  the 
true  character  of  the  system  of  local  administration  pro- 
vided in  the  code  is  that  which  makes  it  the  duty  of  the 
county  road  supervisor  to  appoint  one  deputy  in  each  organ- 
ized township  of  his  county.  The  deputy  thus  appointed  is 
made  directly  responsible  to  the  principal  and  may  be  re- 
moved from  office  at  the  pleasure  of  the  principal.  The 
compensation  of  the  deputy  must,  however,  be  approved  by 
the  county  judge  —  which  indicates  to  what  extent  the  pow- 
ers of  the  county  road  supervisor  and  county  judge  were 
woven  into  a  complete  system  of  county  road  adminis- 
tration. 

In  this  connection  it  should  be  borne  in  mind  that  the  ex- 


94         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

tensive  powers  of  the  road  supervisor  were  not  granted 
without  at  the  same  time  providing  for  a  reasonably  clear 
and  definite  account  of  all  work  done  and  money  expended. 
Thus  he  was  required  to  "keep  an  accurate  account  of  the 
amount  of  labor  expended  and  the  amount  of  money  paid, 
showing  how  much  has  been  paid  to  each  individual  and  for 
what  services  or  other  consideration,  how  much  on  each 
road  or  bridge  and  how  much  within  each  township,  which 
account  must  be  verified  by  his  oath  and  returned  annually 
to  the  county  court  on  the  first  Monday  in  July."190 

The  manner  of  conducting  the  fiscal  operations  connected 
with  the  road  tax  is  the  last,  but  by  no  means  the  least 
important,  portion  of  the  road  law  as  set  forth  in  the  Code 
of  1851.  Here  again  space  will  not  permit  a  consideration 
of  minute  details,  which  may  best  be  obtained  by  consulting 
the  provisions  of  the  law  itself.191  In  this  connection  it  is 
perhaps  sufficient  to  observe  that  two  classes  of  road  cer- 
tificates were  issued  by  the  county  supervisor :  first,  general 
certificates  given  to  persons  entitled  to  payment  from  the 
county  for  labor  or  materials  furnished  at  the  request  of 
the  supervisor  or  growing  out  of  contracts  with  him,  which 
were  receivable  generally  at  the  treasury  in  payment  of 
road  taxes  and  redeemable  out  of  any  money  belonging  to 
the  road  fund ;  and  second,  special  certificates  issued  to  per- 
sons for  voluntary  labor  or  labor  in  payment  of  their  poll 
or  personal  road  tax  and  receivable  at  the  treasury  on  that 
basis.  The  treasurer  was  required  to  open  a  distinct  ac- 
count with  the  whole  road  tax  fund,  charging  that  fund  with 
the  amount  of  warrants  paid  in  and  cancelled.  Moreover, 
the  books  of  the  treasurer  and  the  county  road  supervisor 
must  correspond  and,  as  already  noted,  the  county  judge 
was  made  the  general  accounting  officer  of  the  county. 

As  additional  proof  of  the  administrative  centralization 
inaugurated  by  the  Code  of  1851  it  may  be  noted  that  the 
Census  Board,  which  corresponds  to  the  present  Executive 


THE  COUNTY  ROAD  SUPERVISOR        95 

Council,  was  clothed  with  authority  to  make  "any  supple- 
mental regulations  ....  which  may  be  found  neces- 
sary to  carry  out  the  full  spirit  and  intent  of  this  chapter, 
and  which  regulations  shall  be  obligatory  throughout  the 
state.  "192  Finally,  the  county  court  might  also  make  cer- 
tain additional  regulations,  "subject  to  any  regulation  made 
by  the  statute  or  by  the  census  board  as  above  provided." 

In  conclusion  it  may  be  stated  that  the  period  under  con- 
sideration, judged  from  an  administrative  standpoint,  was 
unique  in  the  history  of  Iowa  road  legislation.  From  July 
1, 1851,  when  the  Code  of  1851  went  into  effect,  until  Febru- 
ary 2,  1853,  when  the  system  of  district  road  supervisors 
was  established,  the  administration  of  roads  and  bridges 
was  under  the  joint  supervision  and  control  of  a  county 
road  supervisor  elected  by  the  people  for  a  term  of  two 
years  and  the  county  judge  elected  by  the  people  for  a  term 
of  four  years.  The  county  road  supervisor  had  jurisdiction 
over  all  the  roads  of  his  county,  but  was  made  responsible 
to  the  county  judge  who  had  inherited  the  powers  and 
authority  previously  vested  in  the  board  of  county  com- 
missioners and  was  at  the  same  time  the  auditing  officer  of 
the  county.  From  the  standpoint  of  finance,  responsibility 
was  vested  chiefly  in  the  county  judge ;  but  from  the  stand- 
point of  field  work  and  actual  supervision  of  the  laying  out, 
opening,  and  maintenance  of  roads,  the  county  road  super- 
visor was  clothed  with  extensive  power  and  authority. 

For  the  first  (and  perhaps  the  last)  time  in  the  history  of 
Iowa  since  its  admission  into  the  Union,  the  township  as  a 
unit  of  local  government  having  substantial  supervision  of 
highways  was  practically  blotted  out.  Indeed,  in  road 
administration  the  civil  township  was  reduced  to  the  status 
of  a  minor  administrative  division  in  charge  of  a  deputy 
appointed  by  and  directly  responsible  to  the  county  road 
supervisor  who,  as  has  already  been  suggested,  was  himself 


96         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

responsible  to  the  county  judge.  The  degree  of  adminis- 
trative centralization  represented  by  this  system,  which 
made  the  county  the  one  unit  of  local  administration  in 
road  and  bridge  matters,  will  be  understood  by  the  critical 
reader  when  contrasted  with  the  reforms  now  being  urged 
by  the  advocates  of  the  good  roads  movement. 

At  the  present  time  it  is  quite  generally  admitted  that 
township  trustees  should  have  the  right  to  appoint  the 
township  road  superintendent  and  have  practically  com- 
plete jurisdiction  over  the  dragging  of  public  highways. 
Under  existing  conditions  no  one  would  seriously  advocate 
the  appointment  of  township  road  superintendents  and 
township  superintendents  of  dragging  by  the  county  board 
of  supervisors,  for  the  obvious  reason  that  such  a  plan 
would  justly  be  regarded  as  an  unwarranted  usurpation  of 
powers  and  duties  which  may  wisely  be  vested  in  the  civil 
township.  While  authorities  on  road  legislation  and  admin- 
istration agree  that  the  supervision  and  control  of  roads 
and  bridges  should  rest  partly  with  the  State  and  partly 
with  the  county,  the  fact  that  a  substantial  amount  of  power 
may  at  the  same  time  be  wisely  exercised  by  the  duly  elected 
representatives  of  the  township  rests  upon  an  equally  se- 
cure foundation. 

If,  however,  the  Code  of  1851  viewed  from  the  standpoint 
of  township  government,  represented  a  degree  of  adminis- 
trative centralization  which  was  not  absolutely  necessary 
and  which  would  probably  not  be  tolerated  at  the  present 
time,  its  provisions  relative  to  the  office  of  county  road 
supervisor  are  suggestive  when  considered  in  connection 
with  the  present  movement  for  the  creation  of  the  office  of 
county  road  engineer.  Indeed,  according  to  the  proposed 
plan  the  county  road  engineer  is  to  be  given  jurisdiction 
over  the  highways  of  his  county  similar  to  that  possessed 
by  the  county  road  supervisor  in  1851,  and  he  is  also  to  be 
made  responsible  to  the  county  board  of  supervisors  in 
much  the  same  way  that  the  county  road  supervisor  was 


THE  COUNTY  ROAD  SUPERVISOR        97 

made  responsible  to  the  county  judge.  By  way  of  contrast, 
however,  the  following  differences  should  be  noted:  first, 
the  proposed  county  engineer  would  be  appointed  by  the 
county  board  of  supervisors  and  not  elected  by  the  people, 
as  was  the  case  with  the  county  road  supervisor  in  1851; 
second,  he  would  be  an  expert  civil  engineer  and  a  practical 
road  builder,  requirements  which  for  obvious  reasons  did 
not  appear  in  the  Code  of  1851;  and  finally,  he  would  not  be 
clothed  with  authority  to  appoint  township  road  superin- 
tendents, since  the  granting  of  such  authority  would  be  an 
invasion  of  the  legitimate  and  proper  sphere  of  township 
government.  In  short,  the  county  road  supervisor  of  1851 
possessed  certain  powers  and  authority  which  are  now  wise- 
ly placed  under  the  jurisdiction  of  the  township  trustees 
and  which  therefore  need  not  and  should  not  be  vested  in 
the  proposed  county  road  engineer. 

When  the  Code  of  1851  was  pending  before  the  General 
Assembly  the  following  arguments  were  frequently  ad- 
vanced against  the  county  judge  system,  including  the  pro- 
vision for  a  county  road  supervisor:  first,  the  contention 
that  the  whole  general  plan  was  arbitrary,  undemocratic, 
and  un-American,  vesting  unwarranted  powers  in  the  hands 
of  certain  officers  without  making  them  directly  responsible 
to  the  wishes  of  the  people ;  second,  it  was  alleged  that  the 
proposed  scheme  of  county  government  was  not  based  on 
the  representative  principle  for  the  reason  that  the  county 
judge  and  the  county  road  supervisor,  coming  from  one 
section  of  the  county  might  ignore  the  interests  of  other 
parts  of  the  county;  and  third,  it  was  declared  to  be  highly 
dangerous  to  clothe  any  one  official  with  such  large  financial 
responsibility  without  providing  greater  checks  and  safe- 
guards to  prevent  the  waste  and  misuse  of  the  public  funds. 

In  reply  to  these  criticisms,  the  Code  Commissioners  and 
other  friends  of  the  more  centralized  plan  of  administration 
contended,  in  the  first  place,  that  public  offices  were  created 


98         HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

for  the  purpose  of  rendering  public  service  and  not  for  the 
special  benefit  of  any  army  of  office  seekers ;  in  the  second 
place,  that  representative  government  in  the  last  analysis 
does  not  consist  in  the  needless  multiplication  of  official 
positions,  but  rather  in  clothing  the  people  of  a  given  unit  of 
government,  be  it  township,  county,  or  State,  with  the  right 
to  elect  and  control  their  representatives ;  in  the  third  place, 
that  the  simplified  plan  provided  in  the  code  would  be  more 
economical  and  efficient ;  and  finally,  that  financial  responsi- 
bility could  be  obtained  quite  as  well  through  a  few  as 
through  many  public  officials. 

The  actual  success  or  failure  of  the  so-called  "  County 
Judge  System"  is  a  problem  in  political  science  on  the  one 
hand  and  of  the  history  of  county  government  on  the  other. 
In  this  connection  it  may  be  observed  that  Mr.  Nelson 
Antrim  Crawford,  Jr.,  of  Council  Bluffs  has  published  a 
very  scholarly  article  entitled  The  County  Judge  System  of 
Iowa  with  Special  Reference  to  Its  Workings  in  Pottawat- 
tamie  County.  His  conclusions  regarding  the  practical 
workings  and  efficiency  of  the  system  are  as  follows : 

The  reason  that  first  comes  to  mind  for  the  relative  difference  in 
the  successful  operation  of  the  two  systems  is  naturally  the  same 
argument  that  was  used  by  Iowa  newspapers  opposed  to  the  county 
judge  system,  namely,  that  it  employed  the  autocratic  and  unrepub- 
lican  method  of  one-man  rule.  To  be  added  to  this  reason,  however, 
is  the  fact  that  Iowa  had  no  wealthy  men  to  elect  to  office.  The 
salary  of  a  County  Judge  was  exceedingly  small,  and  the  duties 
were  exceedingly  numerous.  This  would  readily  tend  to  one  of  two 
results :  the  duties  of  the  office  would  be  neglected ;  or  graft  would 
occur.  And  these,  While  not  present  in  all  counties  of  the  State, 
were  the  two  chief  evil  results  of  the  system.  Again,  in  Iowa,  in 
contrast  to  Virginia,  there  was  strong  political  rivalry,  and  an  office 
like  that  of  County  Judge  could  easily  be  prostituted  for  political 
purposes.  It  is  these  underlying  circumstances,  the  writer  believes, 
which  led  to  the  extraordinary  condition  of  affairs  in  Pottawattamie 
County,  and  which  made  the  county  judge  system  intolerable  to  the 
mass  of  the  people  of  Iowa.193 


ADMINISTRATIVE  DECENTRALIZATION:  THE 

DISTRICT  ROAD  SUPERVISOR 

1853-1860 

The  system  of  centralization  established  by  the  provi- 
sions of  the  Code  of  1851,  so  far  as  it  was  related  directly  to 
the  administration  of  roads,  remained  in  force  less  than  two 
years.  It  is  true  that  the  county  judge  system  was  not 
abolished  until  July  4,  1860 ;  but  the  office  of  county  super- 
visor of  roads  was  discontinued  on  February  1,  1853,  and 
the  powers  which  that  officer  had  exercised  were  trans- 
ferred to  district  road  supervisors.  Moreover,  a  large 
amount  of  authority  over  roads  which  under  the  Code  of 
1851  had  been  possessed  by  the  county  judge  was  trans- 
ferred to  the  township  trustees.  Thus  the  general  super- 
vision of  roads  became  in  a  large  measure  a  township  rather 
than  a  county  function.  At  the  same  time  the  actual  di- 
rection of  road  work  became  a  district  function,  each  town- 
ship being  divided  into  a  number  of  road  districts. 

From  the  very  beginning  there  seems  to  have  been  serious 
objection  to  the  county  road  supervisor.  It  was  felt  that 
he  represented  too  much  centralized  control  and  that  the 
supervision  of  roads  could  be  made  more  successful  by  em- 
ploying local  officers  more  closely  in  touch  with  actual 
conditions.  Petitions  were  addressed  to  the  General  As- 
sembly asking  that  the  office  of  county  road  supervisor  be 
abolished  because  it  was  "injurious  to  the  prosperity  of  the 
State. "  One  of  these  petitions,  signed  by  twenty-three 
citizens  of  Davenport,  reads  in  part  as  follows : 

We  therefore  pray  that  the  law  creating  a  County  Supervisor  be 
repealed  and  that  the  County  Judge  be  authorized  to  district  the 

99 


100       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

County  into  road  districts,  by  Congressional  Township  lines, —  or  by 
such  boundaries  as  he  may  think  most  convenient  and  proper;  and 
the  citizens  of  each  Congressional  Township  or  road  District  be 
authorized  to  elect  one  of  their  number  to  act  as  supervisor.194 

The  forces  tending  toward  administrative  decentraliza- 
tion appear  to  have  been  in  control  in  the  General  Assem- 
bly; and  so  "An  Act  providing  for  the  election  of 
supervisors  and  defining  their  duties ",  was  approved  on 
January  22,  1853.195  According  to  the  provisions  of  this 
act  it  was  made  the  duty  of  the  township  trustees  in  all  of 
the  counties  of  the  State  to  meet  on  the  first  Monday  in 
March,  1853,  for  the  purpose  of  dividing  their  respective 
townships  into  such  number  of  road  districts  as  might  be 
deemed  necessary  for  the  public  good.  One  resident  super- 
visor was  to  be  elected  annually  for  each  district. 

The  actual  direction  of  highway  work,  which  under  the 
Code  of  1851  had  been  a  township  function  in  the  hands  of 
a  deputy  appointed  by  the  county  road  supervisor,  was  now 
made  a  road  district  function,  the  officers  being  elected  by 
the  people.  In  other  words,  two  important  changes  were 
made  in  the  immediate  supervision  and  control  of  road 
work :  in  the  first  place,  the  size  of  the  district  was  reduced ; 
and  in  the  second  place,  the  appointive  principle  gave  way 
to  the  method  of  election.  In  both  respects  this  was  a 
decided  movement  away  from  a  system  of  administrative 
efficiency.  This,  in  addition  to  the  fact  that  under  the  new 
act  the  township  trustees  possessed  the  authority  formerly 
exercised  by  the  county  road  supervisor  and  at  the  same 
time  absorbed  a  large  part  of  the  power  and  authority 
originally  given  to  the  county  judge  under  the  provisions  of 
the  Code  of  1851,  makes  the  changes  appear  revolutionary 
from  the  standpoint  of  administration. 

Moreover,  the  township  clerk  now  became  a  local  official 
with  substantial  authority,  being  authorized  to  give  notice 


THE  DISTRICT  ROAD  SUPERVISOR  101 

of  their  election  to  the  various  road  supervisors  in  his 
township,  who  must  appear  before  him,  give  bond,  and  be 
sworn  into  office.  The  amount  of  the  bond  and  the  security 
required  was  in  each  case  determined  by  the  township  trus- 
tees and  not  by  the  county  judge,  as  had  been  the  rule  under 
the  former  system.196  In  case  of  vacancies  in  the  office  of 
road  supervisor,  it  was  the  duty  of  the  township  trustees 
to  fill  the  vacancies  by  appointment.197 

As  an  index  of  the  authority  which  the  county  yv.dgQ  still 
possessed  in  the  supervision  and  control  of  roads,  it  may  be 
noted  that  the  act  of  1853  required  the  township  •cle?fc'<$ 
each  township  to  give  bond  to  be  approved  by  the  judge  in 
the  sum  of  twice  the  amount  of  the  road  tax  in  his  township. 
Subject  to  the  supervision  of  the  county  judge,  the  financial 
responsibilities  of  the  township  clerk  are  outlined  by  the 
statute  in  the  following  words : 

The  county  judge  shall  give  an  order  to  said  clerk  on  the  county 
treasurer  for  all  moneys  collected  by  him  as  road  tax  upon  all  prop- 
erty and  polls  within  and  for  his  township,  upon  the  payment  of 
which,  by  the  treasurer,  he  shall  take  from  said  township  clerk 
duplicate  receipts  for  the  sum  thus  paid  him,  one  of  which  receipts 
said  treasurer  shall  deliver  over  to  the  county  judge,  to  be  filed  by 
him  among  the  papers  of  his  office,  and  said  judge  shall  charge  the 
same  to  the  account  of  the  said  clerk  upon  the  "road  book".198 

That  the  real  substance  of  fiscal  authority  in  the  admin- 
istration of  roads  and  bridges  had  been  transferred  from 
the  county  to  the  township  is,  however,  apparent  from  a 
careful  examination  of  the  powers  and  duties  of  the  town- 
ship trustees.  After  the  money  on  the  order  of  the  county 
judge  had  been  paid  over  by  the  county  treasurer  to  the 
various  township  clerks,  thus  forming  a  township  road 
fund,  the  township  trustees  distributed  the  same  on  a  basis 
deemed  expedient  for  the  public  interest.  The  township 
clerk  in  turn  was  required,  at  least  once  in  each  year,  to 
make  a  statement  to  the  county  judge  accompanied  with 


102       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

vouchers  specifying  in  detail  the  things  for  which  money 
was^  paid  out.  Briefly  stated,  the  county  court  gave  the 
order  transferring  road  taxes  from  the  county  treasury  to 
the  various  road  funds  and  at  the  same  time  examined  the 
expenditures  of  the  township  clerks ;  but  the  actual  paying 
out  of  money  from  the  township  road  fund  and  the  actual 
distribution  of  money  among  the  various  road  districts  of 
the  township  —  functions  vastly  more  vital  and  important 
—  were  exercised  by  the  township  trustees.  Indeed,  it  ap- 
pears that  the  act  of  1853  was  in  fact  a  compromise  between 
the  -county-township  and  the  township-county  systems  of 
local  government  in  which  the  substance  of  power  passed 
to  the  township,  while  the  form  of  authority  remained  with 
the  county. 

The  character  of  the  annual  report  submitted  by  the  dis- 
trict road  supervisor  to  the  township  trustees  —  which  also 
represents  an  important  township  function  —  is  outlined  in 
the  statute  as  follows : 

The  supervisor  shall  be  required  to  report  to  the  township  trus- 
tees between  the  first  and  fifteenth  day  of  October,  which  report 
shall  embrace  the  amount  of  labor  performed,  the  amount  of  money 
expended,  and  in  what  way  expended,  and  the  number  of  days  he 
was  employed  in  the  faithful  discharge  of  his  duties,  as  well  as  the 
condition  of  the  roads  in  his  district,  which  report  shall  be  signed 
and  sworn  to  by  said  supervisor.199 

Other  details  regarding  the  method  of  directing  road 
work,  the  removal  of  fences,  the  planting  of  hedges,  the 
erection  of  guideboards,  and  the  like,  may  be  ascertained  by 
consulting  the  statute.200  Mention  may  be  made,  however, 
of  the  fact  that  the  county  treasurer  was  required  to  make 
out  a  list  of  the  names  of  all  persons  liable  to  pay  road 
taxes,  together  with  the  amount  of  personal,  real,  and  poll 
tax  assessed  against  each  person,  and  deliver  the  same  to 
the  clerks  of  the  various  townships  in  his  county. 

Finally,  the  new  law  made  it  necessary  to  repeal  a  great 


THE  DISTRICT  ROAD  SUPERVISOR  103 

many  sections  of  the  road  legislation  contained  in  the  Code 
of  1851.  The  office  of  county  road  supervisor  being  abol- 
ished, the  outgoing  officer  was  required  to  "make  a  settle- 
ment with  the  county  judge  of  his  county,  before  the  first 
day  of  April  next,  and  deliver  to  him  all  books,  papers  and 
implements  in  his  hands  or  under  his  control;  and  the 
county  judge  shall  apportion  the  same  between  the  several 
townships,  as  equally  as  practicable."201 

At  the  same  session  of  the  General  Assembly  (1852-1853), 
a  long  list  of  State  roads  was  provided  for  by  "An  Act  in 
relation  to  certain  State  roads  therein  named " — the  three 
commissioners  to  review  and  establish  each  road  being 
named  in  the  act.202  The  commissioners  appointed  in  each 
case  were  to  meet  on  the  first  Monday  in  April,  1853,  or 
within  nine  months  thereafter,  and  taking  with  them  a  sur- 
veyor and  other  necessary  assistants  were  to  proceed  to 
discharge  their  duties  according  to  law.  No  part  of  the 
expense  for  the  laying  out  and  opening  of  State  roads,  how- 
ever, was  paid  by  the  State,  but  such  cost  was  distributed 
among  the  counties  through  which  the  road  passed. 

In  his  second  biennial  message,  Governor  Stephen  Hemp- 
stead,  under  date  of  December  8,  1854,  wrote  as  follows  in 
regard  to  the  subject  of  road  legislation  and  administration : 

In  this  connection  permit  me  to  speak  of  the  common  roads  of 
our  State,  and  to  urge  upon  you  the  necessity  of  again  reinstating 
the  law  which  required  the  election  of  a  County  Supervisor.  That 
officer  had  the  charge  and  supervision  of  all  the  roads  in  the  county. 
Then  there  was  uniformity  in  the  opening  and  work  done  upon  them 
—  now  in  some  townships  the  roads  are  kept  in  order,  and  in  others 
nothing  is  done ;  and  the  consequence  is,  that  there  is  no  system  or 
regularity  upon  a  subject  which  is  of  the  greatest  importance  and 
interest  to  every  inhabitant  of  the  State.203 

Thus  the  question  of  the  proper  method  of  road  adminis- 
tration was  again  brought  before  the  General  Assembly. 
Should  the  township  and  road  district  be  given  a  larger 


104       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

measure  of  supervision  and  control  of  roads  and  bridges, 
and  if  so,  what  authority  should  be  vested  in  the  county? 
The,  sentiment  among  the  people,  in  spite  of  the  recommen- 
dations of  Governor  Hempstead,  seemed  to  be  in  favor  of 
the  township  rather  than  the  county  system.  In  other 
words,  there  was  a  marked  tendency  toward  still  greater 
administrative  decentralization  —  a  fact  which  is  apparent 
from  an  examination  of  the  journals  of  the  Senate  and  the 
House  of  Eepresentatives.  Thus,  when  a  number  of  road 
bills  were  up  for  consideration,  Senator  George  W.  Lucas 
from  the  Committee  on  Eoads  introduced  a  substitute  bill 
and  recommended  its  passage.  Senator  A.  C.  Fulton  of  the 
same  committee  presented  the  following  minority  report: 

Having  had  under  consideration,  in  committee,  an  act  to  provide 
for  the  election  of  township  Supervisors,  and  defining  their  duties, 
I  report  against  said  bill  as  uncalled  for,  and  recommend  its  in- 
definite postponement.204 

A  motion  by  Senator  Nathan  Udell  to  indefinitely  post- 
pone the  bill  and  also  the  substitute  was  lost,  after  which 
the  Senator  moved  to  amend  the  first  section  by  striking 
out  the  word  " township "  and  inserting  the  words  "road 
district ".  This  seems  to  indicate  that  he  was  in  favor  of 
enlarging  the  functions  of  the  road  district  as  a  unit  of 
road  administration  —  a  plan  which  of  course  represents 
extreme  decentralized  supervision  and  control.  On  the 
other  hand,  in  order  to  increase  the  sphere  of  county  juris- 
diction, Senator  J.  D.  Test  moved  to  amend  the  amendment 
by  inserting  the  word  "  county ".  This  motion  suggests  a 
deliberate  effort  to  distribute  authority  over  roads  between 
the  road  district,  the  township,  and  the  county  —  the 
amount  of  power  to  be  vested  in  each  depending  upon  the 
attitude  of  the  legislator  toward  the  general  problem  of 
local  government. 

The  amendment  presented  by  Senator  Test  was  lost  by  a 
very  decisive  vote,  only  two  members  voting  in  the  affirma- 


THE  DISTRICT  ROAD  SUPERVISOR  105 

tive  —  a  fact  which  indicates  that  there  was  at  that  time  but 
very  little  sentiment  in  the  General  Assembly  favorable  to 
the  system  of  centralization  in  the  control  and  administra- 
tion of  highways  which  had  been  created  by  the  Code  of 
1851.  Moreover,  the  amendment  by  Senator  Udell  to  strike 
out  the  word  " township "  and  insert  the  words  "road  dis- 
trict "  was  adopted,  there  being  only  nine  dissenting  votes. 

That  the  majority  of  the  members  were  determined  to 
retain  the  substance  of  authority  over  highways  in  the  local 
district  is  even  more  apparent  from  certain  minor  amend- 
ments that  were  introduced.  For  example,  the  second 
section  of  the  bill  was  amended  by  striking  out  the  words 
"County  Judge "  and  inserting  "Township  Clerk  in  each 
township  ",205  Another  section  was  amended  by  striking 
out  the  words  "County  Judge "  and  inserting  "Trustees, 
to  be  approved  by  the  Clerk",  and  by  striking  out  "County 
Judge "  and  inserting  "Township  Clerk".  The  fourth  sec- 
tion was  amended  by  striking  out  the  word  "township"  and 
inserting  the  word  '  '  district ' '.  Finally,  the  seventh  section 
was  amended  by  striking  out  the  words  "county  judge"  and 
inserting  "trustees  of  the  township".206  It  is  therefore 
obvious  from  a  careful  reading  of  the  Senate  Journal  that 
a  deliberate  effort  was  made  to  transfer  powers  from  the 
county  judge,  first,  to  the  township  trustees ;  second,  to  the 
township  clerk ;  and  finally,  to  the  district  road  supervisors. 
After  some  additional  debate,  the  bill  under  consideration 
was  indefinitely  postponed,  and  nothing  of  importance  was 
accomplished  in  the  line  of  road  legislation  during  the  ses- 
sion of  1854-1855.207 

Another  bill  which  indicates  the  temper  of  the  General 
Assembly  regarding  the  subject  of  local  administration  was 
introduced  for  the  purpose  of  clothing  the  county  judge 
with  authority  to  appropriate  county  funds  toward  repair- 
ing roads  and  building  bridges  without  a  vote  of  the  people. 
As  a  reason  for  granting  this  large  amount  of  discretionary 


106       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

power,  it  was  stated  that  in  many  cases  the  expense  of 
taking  a  vote  amounted  to  more  than  the  total  cost  of  re- 
pairing the  road  or  building  the  bridge.  In  fact,  there  were 
many  townships  and  road  districts  throughout  the  State 
where  the  road  tax  was  insufficient  to  construct  works  of 
even  moderate  expense.  The  bill  was  defeated  largely 
for  the  reason  that  "a  majority  of  the  House,  however, 
were  fearful  of  the  fidelity  of  their  County  Judges,  and  so 
expressed  themselves,  stating  that  this  law  would  give  the 
Judges  too  much  power,  and  that  it  would  be  a  dangerous 
act."208 

Aside  from  a  long  list  of  special  acts  laying  out  State 
roads,209  but  two  brief  laws  relating  to  public  highways 
were  enacted  by  the  Fifth  General  Assembly.  The  first  was 
an  act  supplemental  to  the  earlier  law  providing  for  the 
election  of  supervisors  and  defining  their  duties.  By  its 
provisions  the  local  road  supervisor  was  given  the  addition- 
al power  of  bringing  suits  before  any  justice  of  the  peace 
against  any  person  failing  to  work  out  his  road  taxes  or 
pay  the  necessary  commutation  money.210  The  second  act 
made  both  general  and  special  road  certificates  receivable 
in  payment  of  county  taxes  the  same  as  county  warrants, 
whereas  up  to  this  time  only  general  certificates  had  been 
accepted  in  payment  of  county  taxes. 

At  the  following  session  of  the  General  Assembly  (1856- 
1857)  a  law  was  passed  authorizing  the  resurvey  of  roads.211 
Where  the  field  notes  of  the  original  survey  were  lost  or 
destroyed,  or  if  the  survey  had  been  defective,  it  was  made 
the  duty  of  the  county  judge  to  cause  the  road  to  be  resur- 
veyed,  platted,  and  recorded  in  the  manner  provided  by 
law.  Notices  were  posted  by  the  county  judge,  who  also 
possessed  authority  to  hear  and  determine  appeals  on  ac- 
count of  any  injury  or  damage  caused  by  the  resurvey  — 
after  which  the  road  was  declared  established  on  the  basis 
of  the  new  survey  and  the  plat  and  field  notes  were  filed 
according  to  law. 


THE  DISTRICT  KOAD  SUPERVISOR  107 

At  this  session  of  the  legislature  an  unusually  large  num- 
ber of  State  roads  (eighty  in  all)  were  provided  for  by 
special  acts,  a  practice  which  was  prohibited  by  the  new 
Constitution  adopted  in  August,  1857.  In  fact,  judging 
from  the  following  statement,  it  would  seem  that  a  desire  to 
meet  the  needs  of  a  growing  and  expanding  community  was 
not  the  sole  motive  of  the  General  Assembly  of  1856-1857 
in  establishing  so  many  State  roads : 

It  not  only  became  apparent  that  this  work  [the  laying  out  of 
State  roads]  had  too  often  degenerated  into  mere  schemes  of  pol- 
iticians, either  to  acquire  influence  and  votes,  or  to  pay  off  debts 
already  incurred,  but  that  railroads  then  rapidly  extending  west- 
ward, would  largely  obviate  the  necessity  for  even  genuine  State 
roads.  So  the  convention  of  1857,  in  Article  III,  Section  30,  of  the 
present  constitution,  prohibited  the  general  assembly  from  "laying 
out,  opening,  and  working  roads  or  highways."  The  summer  of 
that  year  saw  the  last  parties  engaged  in  laying  out  State  Roads. 
The  legislature  of  1856,  however,  had  been  so  industrious  in  the 
establishment  of  State  roads,  that  it  takes  almost  three  pages  in  the 
index  merely  to  name  the  various  laws  or  sections  in  which  they 
were  decreed.  The  commissioners  in  the  summer  of  that  year  were 
very  active  and  "made  hay  while  the  sun  shone,"  well  knowing 
that  the  laws  would  provide  for  no  more  such  roads.  And  so  this 
usage  —  so  pleasant  to  its  beneficiaries  —  came  to  an  end.212 

As  has  already  been  indicated,  the  provisions  of  the  Con- 
stitution of  1857  were  more  liberal  in  the  matter  of  charter- 
ing private  corporations  than  were  the  provisions  of  the 
Constitution  of  1846.  At  the  same  time  many  forms  of 
special  legislation  were  prohibited213 — a  subject  to  which 
Governor  Grimes  referred  in  his  second  biennial  message 
as  follows : 

All  the  general  laws  of  the  State  require  some  modifications  to 
adapt  them  to  the  provisions  of  the  New  Constitution.  Several  new 
acts  of  a  general  character  will  also  be  necessary.  Special  legisla- 
tion is  opposed  to  the  true  theory  of  a  Republican  government,  and 
is  the  source  of  great  corruption.  The  New  Constitution  inculcates 


108       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

most  strongly  the  duty  of  general  legislation,  and  declares  that  "in 
all  cases  where  a  general  law  can  be  made  applicable,  all  laws  shall 
be  general,  and  of  uniform  operation  throughout  the  States.214 

As  a  matter  of  fact,  special  legislation  for  the  assessment 
and  collection  of  taxes  for  State,  county,  or  road  purposes ; 
and  for  the  laying  out,  opening,  and  working  of  roads  and 
highways  was  prohibited  in  express  terms  by  the  new 
Constitution.215  It  was  also  provided  that  "No  corpora- 
tions shall  be  created  by  special  laws";  but  corporations 
including  banks  with  the  privilege  of  note  issue  might  be 
established  by  general  laws.216  Thus  the  new  instrument 
was  made  more  elastic  and  therefore  more  responsive  to  the 
rapidly  developing  economic  life  of  the  Commonwealth. 

In  the  same  message  Governor  Grimes  also  called  the  at- 
tention of  the  General  Assembly  to  the  act  of  Congress 
admitting  Iowa  into  the  Union,  which  act  declared  "that 
five  per  cent,  of  the  net  proceeds  of  sales  of  all  public  lands 
lying  within  the  said  State,  which  have  been  or  shall  be  sold 
by  Congress  from  and  after  the  admission  of  said  State, 
after  deducting  all  the  expenses  incident  to  the  same,  shall 
be  appropriated  for  making  public  roads  and  canals  within 
the  said  State,  as  the  Legislature  may  direct."217  This  act 
had  been  accepted  by  the  State,  according  to  the  Governor, 
with  the  understanding,  however,  that  five  per  cent  of  the 
net  proceeds  of  the  sales  of  all  public  lands  within  the  State 
should  be  used  to  support  the  common  schools.218 

Governor  Grimes  explained  that  at  the  time  this  contract 
was  made  between  the  State  and  the  United  States,  Con- 
gress disposed  of  the  public  lands  in  no  other  way  than  by 
bona  fide  sales  for  money;  and  this  obligation  was  based 
upon  a  similar  obligation  on  the  part  of  the  State  that  lands 
owned  by  the  general  government  should  not  be  taxed  and 
that  the  lands  of  non-residents  should  not  be  taxed  higher 
than  the  lands  of  residents.  The  policy  on  the  part  of  the 
United  States  of  selling  public  lands  for  cash,  however,  had 


THE  DISTRICT  ROAD  SUPERVISOR  109 

not  been  continued;  but  large  tracts  of  land  had  been  en- 
tered by  holders  of  military  land  warrants,  thus  destroying 
the  trust  the  Federal  government  held  for  the  State  in  the 
matter  of  supporting  common  schools  and  making  public 
roads  and  canals.  Governor  Grimes  estimated  that  on 
June  30,  1856,  military  land  warrants  located  in  the  State 
covered  10,929,692.3  acres  —  the  amount  due  the  State  being 
$682,980.20.  "I  recommend ",  said  the  Governor,  "that 
Congress  be  again  memorialized  on  this  subject,  and  that 
suit  be  authorized  to  be  instituted  against  the  United  States 
for  the  recovery  of  the  amount  due,  in  the  Court  of 
Claims.  "219 

The  agitation  against  the  county  judge  system  and  in 
favor  of  a  more  decentralized  plan  of  local  government  re- 
sulted in  a  number  of  bills  being  brought  before  the  General 
Assembly  in  1858.  Moreover,  while  there  appears  to  have 
been  general  opposition  to  any  plan  of  centralized  adminis- 
tration, specific  objections  were  made  to  the  conferring  of 
so  much  power  on  the  county  judge.  To  be  sure,  much  of 
the  authority  possessed  by  that  official  according  to  the  pro- 
visions of  the  Code  of  1851  had  already  been  transferred  to 
various  township  officers  —  especially  to  the  township  clerk 
and  board  of  trustees.  These  changes,  however,  were  not 
sufficient  and  a  large  number  of  taxpayers  insisted  upon 
more  sweeping  measures. 

Since  it  is  not  possible  to  understand  the  administration 
of  highways  and  bridges  without  having  a  general  knowl- 
edge of  the  whole  system  of  local  government,  the  necessity 
from  time  to  time  of  making  a  brief  presentation  of  im- 
portant changes  in  township  and  county  organization  will 
be  apparent  to  the  critical  reader.  Thus,  if  the  abolition  of 
the  county  judge  system  would  change  both  the  spirit  and 
form  of  the  administration  of  highways  in  Iowa,  it  is  ob- 
vious that  the  reasons  and  motives  producing  such  a  change 
ought  to  be  clearly  understood.  In  the  last  analysis  the 


110       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

same  forces  which  oppose  efficient,  centralized  administra- 
tion in  one  department  of  local  government  will  be  found  to 
operate  throughout  the  system  as  a  whole;  for  as  already 
suggested  the  system  of  local  government  is  like  an  organ- 
ism with  its  various  parts  and  functions  closely  related.220 
The  objections  urged  with  so  much  force  against  the 
county  judge  system  of  local  government  are  clearly  stated 
in  a  petition  presented  to  the  General  Assembly  in  1858, 
which  reads  in  part  as  follows : 

1st,  The  powers  now  conferred  upon  that  officer  are  almost  un- 
limited in  extent.  Against  their  improper  use  no  checks  or  safe- 
guards have  been  provided,  that  are  adequate  to  prevent  or  speedily 
correct  official  peculation,  oppression  or  fraud.  They  constitute 
their  possessor  a  petty  Autocrat,  by  whom  they  may  be,  and  too 
frequently  are  wielded  in  a  tyrannical  manner,  and  in  direct  oppo- 
sition to  the  wishes  and  interests  of  the  people  whose  servant  he 
should  be. 

2nd,  The  centralization  of  such  unlimited  powers  in  the  hands  of 
a  single  individual,  particularly  the  power  of  levying  taxes  at  will, 
without  the  expressed  or  implied  consent  of  the  payers  —  of  binding 
them,  as  their  financial  agent,  in  contracts  of  which  they  are  ig- 
norant or  do  not  approve  —  and  of  arbitrarily  expending  the  public 
revenue  as  his  personal  interest  or  caprice  may  direct  —  is  a  policy 
inconsistent  with  the  fundamental  principles  of  republican  govern- 
ment, at  all  times  dangerous,  and  never  expedient. 

3rd,  The  will  of  the  majority  can  be  better  carried  out,  and  the 
public  business  more  faithfully  transacted  under  a  system  of  gov- 
ernment based  on  representation  from  different  parts  of  a  county, 
than  any  other  that  can  be  adopted,  while  at  the  same  time  it 
creates  among  the  people  an  interest  in  the  management  of  their 
public  affairs  that  tends  to  prevent  extortion,  embezzlement  and 
mal-administration  in  office. 

Your  petitioners  therefore  pray  your  Honorable  bodies  to  abolish 
entirely  said  office  of  County  Judge,  and  to  substitute  therefor  — 

1st.  The  office  of  Probate  Judge  in  name  and  effect,  the  duties 
of  which  shall  be  of  a  probate  character  only,  with  appellate  juris- 
diction of  criminal  actions  within  the  jurisdiction  of  a  Justice  of  the 
Peace,  and 


THE  DISTRICT  ROAD  SUPERVISOR  111 

2nd,  A  Board  of  Supervisors,  similar  to  that  elected  under  the 
Township  organization  of  New  York,  Wisconsin  or  Illinois;  or  a 
Board  of  Commissioners  and  County  Auditor,  such  as  obtain  in 
Ohio,  Pennsylvania  or  Indiana.221 

People,  however,  were  by  no  means  of  one  opinion  as  to 
the  proper  system  of  county  and  township  government. 
There  were  some  who  desired  to  return  to  the  county  road 
supervisor  as  provided  for  in  the  Code  of  1851.  On  the 
other  hand,  a  considerable  number  believed  that  the  town- 
ship should  be  made  an  even  more  important  unit  of  local 
administration.  Between  these  extreme  views  almost  every 
shade  of  opinion  could  be  found  in  the  General  Assembly  of 
1858. 

It  was  on  January  19th  that  Mr.  Dennis  A.  Mahoney  pre- 
sented a  resolution  in  the  House  of  Eepresentatives  which, 
among  other  things,  provided  that  a  system  of  township  and 
county  organization  should  be  adopted  which  should  include 
"the  abrogation  of  the  office  of  County  Judge;  the  creation 
of  the  office  of  County  Supervisor  of  roads  who  shall  have 
jurisdiction  of  road  matters,  or,  by  law  may  be  provided 
the  creation  of  a  fiscal  agent  in  each  county  under  whose 
authority  county  funds  shall  be  disbursed  ",222  In  other 
words,  Mr.  Mahoney,  while  objecting  very  seriously  to  the 
county  judge  system,  nevertheless  believed  in  the  necessity 
of  a  county  supervisor  of  roads. 

A  few  days  later  Senator  Jonathan  W.  Cattell  of  the 
Committee  on  Township  and  County  Organization  intro- 
duced in  the  Senate  a  series  of  resolutions  which  provided 
for  the  abrogation  of  the  office  of  county  judge  and  the 
establishment  of  a  board  of  county  commissioners  or  town- 
ship supervisors,  and  which  at  the  same  time  made  pro- 
vision for  the  levy,  collection,  and  disbursement  of  taxes  for 
road  and  township  purposes  by  the  proper  township  of- 
ficers.223 Among  the  instructive  features  of  this  resolution 
was  the  proposal  to  establish  the  office  of  county  assessor 


112       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

to  assess  real  property  once  in  four  years,  leaving  to  town- 
ship assessors  the  annual  assessment  of  personal  property. 
The  resolution  by  the  committee  thus  represented  a  strange 
mixture  of  the  township  and  county  principles  of  local  ad- 
ministration. The  majority  favored  abolishing  the  office  of 
county  judge ;  but  there  appears  to  have  been  no  agreement 
regarding  a  desirable  substitute  —  some  preferring  the 
commissioner  system  and  others  a  county  board  of  township 
supervisors.  On  being  put  to  a  vote,  however,  the  county 
judge  was  retained  by  a  small  majority,  indicating  that  the 
modified  system  of  centralization  still  enjoyed  considerable 
support  in  the  General  Assembly.224  At  the  same  time  it  is 
evident  that  while  no  definite  general  plan  of  action  was 
perfected  in  1858,  forces  existed  which  were  to  produce  sub- 
stantial changes  at  the  succeeding  session  of  the  General 
Assembly. 

A  few  days  after  the  defeat  of  Senator  CattelPs  resolu- 
tion Mr.  Lincoln  Clark  of  Dubuque  offered  a  resolution  in 
the  House  of  Eepresentatives  for  the  appointment  of  a 
commission  of  three  persons  learned  in  the  law  for  the 
purpose  of  revising  the  laws  then  in  force,  and  drafting  a 
new  system  of  laws  to  embrace  the  following  features : 

1st.  A  township  organization  for  the  assessment  of  property  and 
the  collection  of  revenue. 

2d.  The  separation  of  the  offices  of  County  Recorder  and  Treas- 
urer, and  that  they  be  held  by  different  persons. 

3d.  The  retention  of  the  office  of  County  Judge,  with  juris- 
diction in  orphans,  administrative  and  probate  matters. 

4th.  The  establishment  of  a  Commissioners  Court,  to  be  com- 
posed of  the  County  Judge  and  two  or  more  persons,  which  court 
shall  have  jurisdiction  of  roads,  public  buildings  and  revenue,  so 
far  as  the  latter  shall  not  come  within  the  scope  of  the  powers  of  the 
township  officers. 

5th.  The  establishment  of  a  Court  to  be  denominated  the  Court 
of  Common  Pleas,  which  shall  have  jurisdiction  co-extensive  with 
the  District  Court,  except  in  capital  cases.  This  system  to  embrace 


THE  DISTRICT  ROAD  SUPERVISOR  113 

every  county  in  the  State  which  has  a  population  of  over 

thousand.  Said  Court  to  be  of  the  character  of  a  Circuit  Court, 
and  to  embrace  not  less  than  four  counties  in  one  circuit,  and  to 
have  one  Judge  for  each  circuit,  whose  salary  shall  be  fixed  by  law, 
but  shall  in  no  case  exceed  that  of  a  Judge  of  the  District  Court. 

6th.  The  creation  of  the  office  of  County  Auditor,  a  fiscal  agent 
for  the  county. 

7th.  The  office  of  Supervisor  of  roads,  whose  duty  it  shall  be  to 
open  and  keep  in  repair  all  roads  in  the  county  in  such  manner  as 
shall  be  provided  by  law.225 

A  careful  reading  of  this  resolution  in  connection  with 
the  earlier  one  referred  to  suggests  to  the  critical  reader 
that  at  that  time,  the  General  Assembly  was  simply  groping 
in  the  dark  as  to  the  proper  steps  which  should  be  taken  in 
reorganizing  the  system  of  local  government.  The  Clark 
resolution  seems  to  accentuate  the  importance  of  the  county 
principle ;  but  it  is  evident  that  its  author  believed  that  the 
county  judge  acting  alone  should  not  be  intrusted  with  such 
large  powers  —  in  other  words  that  two  or  more  persons 
should  be  associated  with  him  as  a  commissioners  court  to 
have  jurisdiction  over  roads,  public  buildings,  and  revenue. 
Again  it  is  obvious  that  there  was  a  compromise  between 
those  who  believed  that  the  county  judge  system  should  be 
abolished  entirely  and  those  who  felt  that  it  ought  to  be  re- 
tained without  any  substantial  change. 

In  this  connection  the  following  brief  statement  in  The 
Daily  Gate  City  (Keokuk)  regarding  proposed  changes  in 
the  system  of  local  government  with  special  reference  to  the 
subject  of  county  finances  is  suggestive: 

Different  plans  are  suggested  for  the  management  of  county 
finances.  One  wishes  a  county  auditor  vested  with  all  the  financial 
powers  now  in  the  hands  of  the  County  Judge  —  another  would 
have  a  board  of  three  commissioners,  and  yet  another  suggests  a 
board  of  supervisors  composed  of  one  from  each  township,  after  the 
New  York  plan.  Several  radical  changes  will  be  made  in  the  organ- 
ization of  counties.226 

8 


114       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The,  House  was  decidedly  in  favor  of  abolishing  the  office 
of  county  judge,  but  the  Senate  by  a  small  majority  held  the 
opposite  view.  And  so  no  important  change  was  accom- 
plished by  the  Seventh  General  Assembly  in  the  matter  of 
reorganizing  the  system  of  county  and  township  govern- 
ment. Indeed,  the  period  was  one  of  agitation  and  dis- 
cussion—  a  work  which  must  always  precede  the  task  of 
constructive  statesmanship. 

Road  legislation  in  1858  consisted  of  two  acts :  one  pro- 
viding for  making  and  repairing  public  highways  and  pre- 
scribing the  duties  of  township  officers;  and  the  other 
defining  the  mode  of  laying  out,  establishing,  changing,  and 
vacating  State  roads.227  The  first  provided  nothing  essen- 
tially different  from  the  organization  of  local  administra- 
tion already  described;  but  the  second  provided  a  general 
plan  or  system  of  laying  out  and  opening  State  roads  in 
lieu  of  the  numerous  special  acts  which  had  been  passed 
prior  to  the  formation  of  the  new  State  Constitution  in 
1857. 

"An  Act  to  provide  for  the  making  and  repairing  of 
public  highways,  and  prescribing  the  duties  of  township 
officers  in  certain  cases ",  approved  on  March  23,  1858, 
continued  the  system  of  annually  elected  district  road 
supervisors  —  the  boundaries  of  the  road  districts  being 
determined  by  the  township  trustees.228  It  was  made  the 
duty  of  the  township  clerk  to  notify  the  district  supervisor 
of  his  election,  penalties  were  prescribed  for  refusing  to 
qualify,  and  the  road  supervisor  was  required  to  give  bond 
"in  such  sum  and  with  such  security  as  the  township  Clerk 
may  deem  requisite,  conditioned  that  he  will  faithfully  and 
impartially  perform  all  the  duties  devolving  upon  him,  and 
appropriate  all  moneys  that  may  come  into  his  hands  by 
virtue  of  his  office  according  to  law".229  Able-bodied  men 
between  the  ages  of  twenty-one  and  forty-five  were  obliged 
to  perform  two  days  labor  on  the  public  roads  between  the 


THE  DISTRICT  ROAD  SUPERVISOR  115 

first  day  of  April  and  the  first  day  of  July.  The  district 
road  supervisor  had  general  supervision  over  the  actual 
road  work,  gave  notices  as  required  by  law,  and  saw  that  all 
necessary  tools  were  provided,  allowing  due  credit  for  the 
same. 

An  illustration  of  the  compromise  system  of  district, 
township,  and  county  road  administration  is  to  be  found  in 
the  interesting  fact  that  in  order  to  enable  the  road  super- 
visors to  determine  the  precise  location  of  the  various  roads 
in  their  districts,  it  was  made  the  duty  of  the  county  judge 
of  each  county  to  furnish  the  township  clerks  with  a  map  of 
their  respective  townships,  "on  which  map  shall  be  plainly 
marked  all  roads  which  are  at  the  time  of  making  such  map 
legal  roads,  which  map  shall  be  carefully  preserved  among 
the  papers  of  his  office. ' ' 

Immediately  after  the  establishing  of  any  new  road  the 
county  judge  was  required  to  notify  the  township  clerks  of 
the  townships  in  which  the  road  was  located,  furnishing 
also  a  copy  of  the  field  notes  —  the  clerk  being  required  to 
record  the  road  on  his  map.  In  like  manner  it  was  the  duty 
of  the  township  clerk  to  furnish  each  road  supervisor  of  his 
township  with  a  map  of  his  particular  district,  showing  all 
the  legal  roads  in  such  district,  "and  when  any  new  road 
shall  have  been  established,  it  shall  be  the  duty  of  the  town- 
ship Clerk  to  notify  each  of  the  Supervisors  whose  district 
is  affected  by  said  new  road,  and  also  to  furnish  a  copy  of 
the  field  notes  of  the  same,  which  new  road  shall  be  immedi- 
ately marked  on  the  map  of  said  district  in  his  possession." 
Thus  it  appears  that  the  responsibility  of  providing  ade- 
quate and  satisfactory  road  maps  was  parcelled  out  among 
the  following  officers:  the  county  judges,  the  township 
clerks,  and  the  district  road  supervisors.230 

The  actual  levy  of  taxes  for  roads,  bridges,  plows,  and 
scrapers  was  vested  in  the  township  trustees,  subject  to  the 
statutory  limitation  that  such  levy  "shall  not  be  less  than 


116       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

one  nor  more  than  three  mills  on  the  dollar  on  the  amount 
of  the  township  assessment  of  that  year."231  This  limita- 
tion, however,  did  not  apply  to  cities  forming  separate  road 
districts  —  in  which  case  the  tax  levy  was  made  by  the  city 
council.  The  making  out  of  the  tax  list  for  road  purposes 
on  the  basis  of  the  assessment  as  returned  by  the  local 
assessor  was  placed  in  the  hands  of  the  township  clerk,  who 
was  required  to  make  entry  "upon  such  tax  list  showing 
what  it  is,  for  what  road  district  and  for  what  year,  and 
shall  attach  to  the  list  his  warrant  under  his  hand,  in  gen- 
eral terms  requiring  the  Supervisor  of  such  district  to 
collect  the  taxes  therein  charged".232  The  tax  lists,  after 
being  made  out,  were  given  to  the  supervisor  who  was  re- 
quired to  collect  the  tax  either  in  labor  or  in  money.233 

The  extent  to  which  administrative  decentralization  pre- 
vailed in  the  actual  supervision  of  road  work  while  the 
county  judge  system  was  still  in  force  will  be  apparent  to 
the  reader  when  he  examines  the  report  that  district  road 
supervisors  were  required  to  submit  to  the  township  clerk. 
This  report  embraced  the  following  items : 

1st.  The  names  of  all  persons  in  his  district  required  by  section 
six  of  this  act  to  perform  labor  on  the  public  highway,  and  the 
amount  performed  by  each. 

2d.  The  names  of  all  persons  against  whom  suits  have  been 
brought,  as  required  by  section  eight  of  this  act,  and  the  amount 
collected  of  each. 

3d.  The  names  of  all  persons  who  have  paid  their  property  road 
tax  in  labor,  and  the  amount  paid  by  each. 

4th.  The  names  of  all  persons  against  whom  suits  have  been 
brought  for  the  collection  of  road  taxes,  and  the  amount  collected 
from  each. 

5th.  The  names  of  all  persons  who  have  paid  their  road  tax  in 
money,  and  the  amount  paid  by  each. 

6th.  A  correct  list  of  all  non-resident  lands  and  town  lots  on 
which  the  road  tax  has  been  paid,  and  the  amount  paid  on  each. 

7th.     A  correct  list  of  all  non-resident  lands  and  town  lots  on 


THE  DISTRICT  ROAD  SUPERVISOR  117 

which  the  road  tax  has  not  been  paid,  and  the  amount  of  tax  on 
each  piece. 

8th.  The  amount  of  all  moneys  coming  into  his  hands  by  virtue 
of  his  office,  and  from  what  sources. 

9th.  The  manner  in  which  the  moneys  coming  into  his  hands  by 
virtue  of  his  office  has  been  expended,  and  the  amount,  if  any,  in  his 
possession. 

10th.  The  number  of  days  he  has  been  faithfully  employed  in 
the  discharge  of  his  duty. 

llth.  The  condition  of  the  roads  in  his  district,  and  such  other 
items  and  suggestions  as  said  Supervisor  may  wish  to  make,  which 
report  shall  be  signed  and  sworn  to  by  said  Supervisor  and  filed  by 
the  Township  Clerk  among  the  papers  of  his  office.234 

It  is  apparent  that  this  report  was  much  more  logical, 
complete,  and  systematic  than  that  provided  under  earlier 
acts.  One  especially  instructive  feature  of  the  report  is  the 
provision  for  listing  the  land  and  town  lots  of  non-residents 
—  information  which  was  particularly  important  in  order 
to  prevent  evasion  of  road  taxes.  After  the  reports  of  the 
various  district  road  supervisors  were  filed,  the  township 
clerk  proceeded  to  make  out  a  correct  list  of  all  non-resident 
lands  and  town  lots  on  which  the  road  taxes  had  not  been 
paid.  A  certified  copy  of  this  list  of  non-resident  taxpayers 
was  transmitted  to  the  county  judge  and  by  him  was  imme- 
diately placed  in  the  hands  of  the  county  treasurer,  who  was 
required  to  collect  such  delinquent  tax  in  the  same  manner 
in  which  ordinary  taxes  were  collected. 

Other  miscellaneous  provisions  of  the  act  under  consider- 
ation refer  to  penalties,  the  time  of  working  roads,  the 
neglect  of  road  supervisors  to  perform  their  duties,  timber 
and  shade  trees,  damages  in  the  case  of  unsafe  bridges,  the 
growing  of  hedges,  and  the  removal  of  obstructions.235  The 
district  road  supervisor  was  obliged  to  keep  the  roads  in  the 
best  condition  that  the  funds  at  his  disposal  would  permit 
and  make  an  annual  settlement  with  the  township  trustees, 
who  in  turn  distributed  the  road  fund  remaining  in  the 


118       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

hands'of  the  township  clerk  as  they  might  deem  expedient. 
It  should  be  noted,  however,  that  the  township  clerk  was 
financially  responsible  not  only  to  the  township  trustees 
but  also  to  the  county  judge,  being  required  to  pay  out 
money  as  ordered  by  the  trustees  and  at  the  same  time  "to 
make  settlement  with  the  County  Judge,  producing  vouch- 
ers for  all  moneys  paid  out  by  him,  specifying  for  what,  and 
to  whom  paid.  "236 

Thus  the  financial  responsibilities  of  the  township  clerk 
represent  in  a  very  unique  manner  the  real  nature  of  the 
compromise  between  the  township  and  county  principles  of 
road  administration.  While  the  act  under  consideration 
vested  the  substance  of  authority  for  the  most  part  in  town- 
ship officials,  the  county  judge,  nevertheless,  retained  a 
small  measure  of  supervision  even  in  the  management  of 
finances.  The  great  power  and  authority  which  that  official 
had  exercised  under  the  Code  of  1851  had,  however,  been 
gradually  taken  away  and  was  to  disappear  entirely  two 
years  later  in  the  Revision  of  1860. 

As  has  already  been  noted,  the  Constitution  of  1857  pro- 
hibited special  legislation  for  the  laying  out,  opening,  and 
maintaining  of  roads.  This  being  true,  it  was  necessary 
for  the  General  Assembly  to  pass  general  legislation  for 
this  purpose.  And  so  "An  Act  defining  the  mode  of  laying 
out,  establishing,  changing  and  vacating  State  roads ",  ap- 
proved on  March  23,  1858,  took  the  place  of  the  numerous 
special  laws  which  had  been  passed  up  to  that  time  for  the 
same  purpose.237 

The  county  court,  after  receiving  a  petition  signed  by  at 
least  twenty  freeholders  of  the  county  asking  for  the  estab- 
lishment of  a  State  road,  was  clothed  with  authority  to 
appoint  a  commissioner  to  view  and  survey  the  proposed 
route.  Prior  to  the  granting  of  such  an  order,  however,  it 
was  necessary  to  file  a  bond  satisfactory  to  the  county  court, 
"payable  to  the  State  of  Iowa,  and  conditioned  for  the  pay- 


THE  DISTRICT  ROAD  SUPERVISOR  119 

ment  of  all  expenses  which  may  accrue  in  the  location  of 
said  road,  in  case  the  same  shall  not  be  established  a  public 
highway".238 

In  the  matter  of  the  laying  out  and  opening  of  State  roads 
a  substantial  amount  of  authority  was  given  to  the  county 
judge.  In  fact,  he  possessed  much  more  power  along  this 
line  than  in  the  making  and  repairing  of  ordinary  public 
highways.  The  commissioners  appointed  in  each  county  to 
survey  a  given  State  road  were  required  to  meet  in  ac- 
cordance with  the  order  of  the  county  court  of  each  county, 
employ  a  competent  surveyor,  chain  carriers,  and  other 
assistants,  if  necessary,  and  proceed  to  discharge  all  the 
duties  outlined  by  law.  Moreover,  it  is  further  stipulated 
that  "each  State  road  shall  be  laid  out  from  the  place  of 
beginning  to  the  place  of  termination  on  the  most  prac- 
ticable route,  always  having  regard  to  suitable  ground,  im- 
provements already  existing,  section  lines  and  intermediate 
points,  if  any,  and  all  State  roads  that  shall  hereafter  be 
established,  agreeable  to  the  provisions  of  this  act  shall  be 
opened  and  considered  public  highways,  sixty-six  feet 
wide."239 

The  report  of  the  commissioner  or  commissioners,  after 
being  completed  and  properly  signed,  was  deposited  in  the 
office  of  the  county  judge  of  each  county  in  which  any  part 
of  the  proposed  road  was  situated.  In  case  the  commis- 
sioner or  commissioners  reported  in  favor  of  establishing 
the  road,  the  county  court  of  the  counties  concerned,  gave 
due  notice  either  by  publication  or  by  the  posting  of  written 
notices  as  to  the  time  and  place  of  a  meeting  held  for  the 
purpose  of  hearing  parties  in  favor  of  or  against  the  laying 
out  and  opening  of  the  proposed  highway.  Any  person  or 
persons  considering  themselves  aggrieved  by  the  opening 
of  a  State  road  through  his  or  their  lands,  were  granted  the 
privilege  of  filing  with  the  county  judge  a  petition  in  writ- 
ing, setting  forth  their  claims  for  damages.  After  the  filing 


120       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

of  the*  petition  the  judge  appointed  a  jury  of  three  disinter- 
ested freeholders  who  were  required  to  view  the  road  for  the 
entire  distance  and  make  a  complete  report  thereon. 

If  the  county  court  considered  the  amount  determined 
upon  by  the  jury  to  be  just  and  equitable,  and  that  the  road 
was  of  sufficient  importance  to  cause  the  damages  to  be  paid 
out  of  the  county  treasury,  the  county  might  pay  the  same ; 
but  if  the  court  believed  that  the  road  was  not  of  sufficient 
importance  to  have  the  damages  paid  by  the  public,  it 
might  refuse  to  establish  the  highway,  unless  the  damages 
and  expenses  were  paid  by  the  petitioners  desiring  the 
establishment  of  the  road;  or  in  case  no  application  for 
damages  had  been  filed,  the  court  proceeded  to  establish  the 
road  as  a  regular  public  highway. 

It  should  be  stated,  however,  that  the  rights  of  individuals 
were  still  further  protected  by  the  act  under  consideration 
and  that  the  county  court  was  not  the  final  arbiter  in  award- 
ing damages.  Within  a  certain  specified  time  and  under 
certain  conditions  an  appeal  might  be  made  to  the  district 
court.  But  in  such  cases  of  appeal  from  the  decision  of  the 
county  court,  the  appellant  was  required  to  pay  all  costs  of 
the  same,  "  unless  the  judgment  in  the  District  Court  shall 
exceed  in  amount  the  award  rendered  by  the  jury  appointed 
by  the  County  Court.  "24° 

The  county  court,  however,  was  given  still  further  discre- 
tion in  the  matter  of  laying  out  and  opening  State  roads. 
If  the  district  court  granted  more  damages  than  had  been 
allowed  by  the  jury  originally  appointed  by  the  county 
court,  the  county  judge  might  still  refuse  to  establish  the 
road  "  unless  the  parties  interested  in  the  location  of  said 
road  shall  pay  or  cause  to  be  paid  before  the  opening  of  said 
road,  to  the  satisfaction  of  the  County  Court  in  case  said 
road  is  established  as  a  highway,  all  expenses  incurred  and 
damages  assessed."  Finally,  the  county  court  was  given 
authority  to  record  and  establish  a  certain  part  of  the  pro- 


THE  DISTRICT  ROAD  SUPERVISOR  121 

posed  road  when  deemed  of  public  utility  and  at  the  same 
time  refuse  to  establish  the  remainder. 

Other  minor  details  are  provided  for  in  the  statute.  The 
amount  of  fees  allowed,  the  method  of  reducing  the  width  of 
roads,  and  the  appointment  of  road  viewers  in  certain  cases 
may  be  mentioned  in  this  connection.  After  the  establish- 
ment of  a  State  road  as  provided  by  law,  the  act  finally 
stipulates  that  the  portion  of  the  road  lying  in  any  par- 
ticular county  should  be  regarded  in  all  respects  as  a  county 
road,  to  be  changed  or  altered  in  the  same  manner  as  other 
county  roads.  In  other  words,  the  local  administration  of 
State  roads  after  being  once  established  was  exactly  the 
same  as  the  local  administration  of  county  roads.241 

At  this  point,  at  least  three  decisions  of  the  Supreme 
Court  should  be  mentioned  because  of  their  direct  and  im- 
portant bearing  upon  the  subject  of  road  legislation  and 
administration.  In  McCrory  v.  Griswold,  et  al242  it  was 
held  that  in  case  appraisers  appointed  to  assess  damages 
returned  too  small  an  amount  or  failed  to  award  damages 
and  the  county  court  refused  to  set  aside  the  report,  the 
petitioner  might  take  an  appeal  to  the  district  court  and 
have  his  damages  assessed  by  a  jury.  This  appeal,  however, 
could  not  be  taken  except  in  due,  legal  form  and  for  just 
cause,  as  the  county  court  was  clothed  with  a  large  amount 
of  authority  and  discretion  in  the  matter  of  establishing  a 
road  when  the  public  convenience  and  necessity  seemed  to 
require  its  establishment.  In  fact,  the  county  court  might 
establish  a  road  without  any  reference  to  the  question  of 
compensation  to  the  owners  of  property  taken  for  that 
purpose. 

The  Supreme  Court  thus  recognized  the  force  of  that  pro- 
vision of  the  Bill  of  Eights,  which  declares  that  "Private 
property  shall  not  be  taken  for  public  use  without  just  com- 
pensation first  being  made,  or  secured  to  be  made  to  the 
owner  thereof,  as  soon  as  the  damages  shall  be  assessed  by 


122       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

a  jury,  who  shall  not  take  into  consideration  any  advantages 
that  may  result  to  said  owner  on  account  of  the  improve- 
ment for  which  it  is  taken."243  At  the  same  time  it  was 
also  held  that  before  damages  could  be  paid  they  must  be 
assessed  in  the  regular  form  prescribed  by  law.  The  case 
under  consideration  is,  however,  somewhat  vague  and  in- 
definite and  indicates  that  the  court  was  not  clear  in  its  own 
mind  regarding  the  proper  method  of  allowing  damages  to 
petitioners  in  connection  with  the  laying  out  and  opening  of 
public  roads. 

In  the  State  of  Iowa  v .  Beneke  and  White  v.  Road  District 
No.  I244  the  opinion  of  the  lower  court  was  reversed,  it 
being  held  that  according  to  the  provisions  of  Chapter  48 
of  the  Laws  of  Iowa,  1853,  a  road  district  was  not  a  regular 
corporation,  which  could  sue  and  be  sued  in  the  courts. 
Among  other  observations,  Justice  Wright  declared : 

Nor  is  there  any  provision  as  to  how  they  are  to  be  made  respon- 
sible for  the  damages  sustained  in  consequence  of  defects  in  roads 
and  bridges.  Under  such  circumstances,  we  are  of  the  opinion  that 
a  road  district  cannot  become  a  party  in  a  court  of  justice  in  this 
State.245 

In  the  City  of  Dubuque  v.  Maloney246  the  question  of  the 
exact  legal  status  of  land  used  for  the  purpose  of  roads, 
streets,  and  alleys  came  up  for  adjudication.  In  this  case  it 
was  held  that  the  acts  of  Congress,  approved  on  July  2, 
1836,  and  March  3,  1837,247  laying  off  the  land  where  the 
city  of  Dubuque  is  located  into  lots,  streets,  avenues,  and 
public  squares  for  the  public  use,  provided  that  the  legal 
title  to  the  soil  subject  to  the  public  easement  was  vested  in 
the  owners  of  the  lots  on  each  side  of  the  street,  and  that 
when  lots  were  sold  to  purchasers  such  purchaser  accepted 
every  easement,  privilege,  and  advantage  represented  by 
the  official  plat  as  belonging  to  the  lots.  An  easement  was 
defined  by  the  court  to  be  "An  advantage  or  privilege  in 
lands,  without  profit,  existing  distinct  from  an  ownership  in 


THE  DISTRICT  ROAD  SUPERVISOR  123 

the  soil".248  In  other  words,  a  street  or  highway  was  con- 
sidered to  be  merely  an  easement,  the  actual  fee  simple 
remaining  in  the  hands  of  the  owners  of  adjacent  lots.  The 
city  as  such  could  simply  regulate  the  public  use  of  streets, 
alleys,  and  squares.  The  court  maintained  that  "neither 
the  ownership  of  the  soil  nor  of  the  easement  is  in  the  cor- 
poration. "249 

The  county  judge  system  established  by  the  Code  of  1851 
became  operative  on  July  1st  of  that  year  and  remained  in 
force  until  July  4, 1860.  It  should  not  be  assumed,  however, 
that  the  county  judge  continued  to  possess  the  very  exten- 
sive and  somewhat  arbitrary  powers  originally  granted  by 
the  provisions  of  the  code.  It  is  a  well  known  maxim  of 
political  science  that  forms  of  government  frequently  per- 
sist long  after  the  substance  of  authority  has  disappeared 
or  has  been  transferred.  This  was  in  a  large  measure  true 
of  the  office  of  the  county  judge  during  the  period  under 
consideration.  Beginning  with  February  2,  1853,  when  the 
law  creating  district  road  supervisors  went  into  effect,  the 
county  judge  was  rapidly  shorn  of  much  of  the  unusual 
power  which  had  been  granted  to  him  in  1851.  Indeed,  fol- 
lowing the  session  of  1858  the  office  became  but  a  shadow  of 
its  former  self.  For  example,  the  jurisdiction  which  the 
county  judge  originally  possessed  over  roads  and  highways 
was  for  the  most  part  gradually  transferred  to  the  town- 
ship clerk,  the  township  trustees,  and  the  district  road 
supervisors. 

Partly  as  a  reaction  against  the  arbitrary  authority  of 
the  county  judge,  but  more  largely  as  the  result  of  the  char- 
acter, training,  and  temperament  of  the  early  settlers,  one 
of  the  most  distinctive  tendencies  of  the  period  from  1851 
to  1853  was  the  rapid  growth  of  sentiment  in  favor  of  the 
township-county  principle  of  local  government.  In  the 
matter  of  roads  and  bridges  the  township  trustees  and 


124       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

township  clerk  were  gradually  clothed  with  authority  that 
had  been  vested  in  the  county  judge  or  county  road  super- 
visor. Indeed,  the  return  to  the  township  system  of  assess- 
ment in  1858,  together  with  the  large  powers  granted  to  the 
township  trustees  in  matters  of  taxation  and  road  adminis- 
tration, gave  the  civil  township  a  dignified  and  worthy 
position  in  the  realm  of  local  government.  In  the  realm  of 
local  finance,  its  authority  had  come  to  be  practically  su- 
preme. Aside  from  a  levy  of  not  more  than  one  mill  by  the 
county  for  the  making  and  repairing  of  bridges  after  the 
same  had  been  approved  by  a  vote  of  the  people,  the  town- 
ship possessed  the  exclusive  right  to  make  the  actual  levy  of 
taxes  for  roads,  bridges,  plows,  and  scrapers  subject,  how- 
ever, to  the  statutory  limitation  that  the  levy  must  not  be 
less  than  one  nor  more  than  three  mills  on  the  dollar.  In  a 
word,  the  substance  of  financial  power  was  now  placed  in 
the  hands  of  township  trustees  and  was  therefore  brought 
into  closer  touch  with  the  people. 

The  transfer  of  authority  from  the  county  to  the  town- 
ship, however,  was  by  no  means  the  only  instance  of  admin- 
istrative decentralization  during  the  period  from  1851  to 
1860.  While  the  general  supervision  of  roads  and  bridges, 
together  with  the  power  to  levy  taxes  for  their  support, 
became  almost  wholly  a  township  rather  than  a  county 
function,  the  actual  direction  of  road  work  was  placed  in 
the  hands  of  district  road  supervisors.  Each  township  was 
divided  into  road  districts  by  the  township  trustees  and  a 
road  supervisor  elected  by  the  people  in  each  district.  In 
other  words,  authority  which  from  July  1, 1851,  to  February 
2, 1853,  had  been  vested  in  a  township  deputy,  appointed  by 
the  county  road  supervisor,  was  now  placed  in  the  hands  of 
officials  elected  in  road  districts  which  represented  sub- 
divisions of  the  township.  Briefly  stated,  the  size  of  the 
district  was  reduced  and  the  appointive  principle  was  super- 
seded by  that  of  election. 


THE  DISTRICT  ROAD  SUPERVISOR  125 

It  is  evident  that  the  period  under  review  witnessed  im- 
portant changes  in  the  character  of  our  local  institutions : 
it  was  a  period  of  transition  and  compromise,  in  which 
authority  was  divided  between  the  county,  the  township, 
and  the  road  district  which  was  a  sub-division  of  the  town- 
ship; and  at  the  same  time  powers  of  administration  were 
parcelled  out  among  a  long  list  of  officials,  including  the 
county  judge,  the  township  trustees,  the  township  clerk,  the 
district  road  supervisor,  and  the  district  court.  The  town- 
ship clerk  represented  a  sort  of  connecting  link  between  the 
district  road  supervisors  and  township  trustees  on  the  one 
hand,  and  between  the  county  judge  and  the  township  trus- 
tees on  the  other.  He  did,  indeed,  represent  the  cementing 
principle  of  the  local  administrative  organization,  composed 
of  the  road  district,  the  township,  and  the  county,  in  much 
the  same  way  that  a  county  engineer  under  present  con- 
ditions would  form  a  bond  of  union  for  township,  county, 
and  State  authority  —  giving  vitality,  elasticity,  and  pur- 
pose to  the  whole  system  of  administration. 


VI 

THE  COUNTY  BOARD  OF  TOWNSHIP 

SUPERVISORS 

1860-1870 

The  opposition  to  the  county  judge  system  assumed  a 
more  definite  form  and  purpose  after  the  session  of  1858. 
As  a  matter  of  fact,  the  powers  of  the  county  court,  espe- 
cially in  road  administration  and  in  the  supervision  of 
finances,  had  been  gradually  decreasing  until  the  county 
judge  possessed  nothing  like  the  authority  which  was  given 
him  in  1851.  Moreover,  it  will  be  recalled  that  this  power  or 
a  large  part  of  it  had  been  transferred  to  the  district  road 
supervisors,  the  township  clerk,  and  the  township  board  of 
trustees.  But  even  with  the  office  divested  of  the  greater 
portion  of  its  real  authority,  the  people  still  objected  to 
what  was  termed  arbitrary,  one-man  power.  And  so  the 
demand  for  the  abolition  of  the  county  judge  system  except 
from  a  judicial  standpoint  became  more  and  more  urgent. 

For  reasons  already  suggested,  it  is  necessary  to  make  a 
brief  analysis  of  the  causes  which  resulted  in  the  overthrow 
of  the  one-man  system  and  the  establishment  in  its  place  of 
a  county  board  of  township  supervisors  modeled  upon  the 
Wisconsin  and  New  York  plans  of  local  government.250 
Again  let  it  be  observed  that  the  administration  of  high- 
ways and  bridges  is  so  closely  woven  into  the  very  substance 
of  township  and  county  organization  that  it  is  quite  im- 
possible to  understand  the  road  question  except  as  a  part, 
and  indeed  a  very  important  part,  of  the  larger  problem  of 
State  and  local  administration  —  more  especially  the  latter. 
From  the  standpoint  of  the  efficient  control  and  supervision 

126 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     127 

of  roads  and  bridges  the  General  Assembly  of  Iowa  had 
been  moving  backward  since  1851.  The  machinery  of  local 
administration,  including  the  management  of  roads,  had 
been  broken  up  and  dismembered,  and  was  now  without  any 
responsible  head  possessing  a  sufficient  amount  of  real 
authority.  The  final  step  was  to  be  taken  by  removing  the 
nominal  head  of  the  system,  which  was  the  county  judge, 
and  establishing  a  county  board  of  supervisors  made  up  of 
officials  elected  in  the  civil  townships.  In  other  words,  the 
General  Assembly  passed  from  one  extreme  to  the  other  in 
the  organization  of  county  government  —  from  authority 
vested  in  one  man  to  authority  parcelled  out  among  a  large 
group  of  men  who  were  strictly  local  or  township  officials. 
When  the  General  Assembly  convened  in  1860  a  great 
many  petitions  were  presented  asking  that  the  county  judge 
system  be  abolished.  Among  the  numerous  arguments  ad- 
vanced against  the  system,  it  was  claimed  that  to  vest  so 
much  power  in  the  hands  of  any  one  man  was  undemocratic. 
Certain  citizens  of  Monona  County  considered  the  system 
to  be  "undemocratic,  unjust  and  oppressive  in  its  opera- 
tion, fostering  favoritism  and  corruption";251  while  peti- 
tioners from  Delaware  County  believed  in  a  system  of 
township  organization  similar  to  that  of  New  York  or  Wis- 
consin, which  meant  a  county  board  of  township  super- 
visors. But  the  real  objections  to  the  system  were  more 
clearly  stated  in  a  petition  signed  by  thirty-eight  electors 
of  Bremer  County.  This  very  instructive  document  reads 
as  follows : 

The  undersigned  Electors  of  Bremer  County,  respectfully  peti- 
tion your  Honorable  body,  and  represent  that  the  present  system 
of  County  Government  in  this  State  is,  in  the  estimation  of  your 
petitioners  very  unwise  &  injudicious  and  wholly  fails  to  meet 
the  wants  and  requirements  of  the  people  of  our  State.  It  too 
often  places  in  the  hands  of  designing  men  powers  for  the  com- 
mission of  Public  Grievances  wholly  incompatible  with  the  System 


128       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

of  a  Republican  Government  with  the  County  funds  wholly  under 
his  control  coupled  with  the  power  to  make  that  fund  as  large 
almost  as  he  may  wish,  there  is  no  balance  save  the  County  Judge's 
own  sense  of  rectitude  to  regulate  the  expenditures  of  the  County. 

And  the  County  is  liable  at  any  moment  to  be  plunged  ruinously 
in  debt  for  Public  works,  which  are  too  often  wholly  unsuitable  to 
the  condition  of  the  people  and  located  for  the  accommodation  of 
private  interests  rather  than  that  of  the  Public. 

The  affairs  over  which  the  County  Judge  at  present  supremely 
presides  too  nearly  and  extensively  effect  our  dearest  interests  to  be 
submitted  to  the  control  of  one  man,  however  pure  he  may  be  in 
principle  or  sound  in  judgment.  These  considerations  among  many 
others  have  induced  the  undersigned  to  request  the  present  Legis- 
lature to  materially  curtail  the  power  of  County  Judge,  and  to  give 
to  the  people  a  more  direct  and  complete  representation  in  the  man- 
agement of  the  affairs  of  their  respective  Counties.252 

Thus  it  appears  that  the  chief  objections  to  the  county 
judge  system  were:  first,  the  great  danger  or  supposed 
danger  involved  in  placing  so  much  power  in  the  hands  of 
one  man;  and  second,  the  special  danger  believed  to  exist 
in  giving  one  individual  so  much  discretion  and  authority 
in  the  important  matter  of  finances.  While  the  manage- 
ment of  road  taxes  had  been  transferred  in  a  large  measure 
to  township  trustees,  the  county  judge  still  (in  1860)  re- 
tained a  very  substantial  control  over  the  general  finances 
of  the  county.  The  argument  of  centralized  authority  and 
arbitrary  power  made  against  the  county  judge  had  also 
been  made  against  the  county  road  supervisor  provided  for 
in  the  Code  of  1851.  In  fact  these  considerations  have 
always  been  advanced  in  the  past  against  any  system  of 
efficient,  responsible  administration,  and  largely  for  that 
reason  one  may  expect  them  to  be  urged  in  the  future 
against  any  plan  of  constructive  statesmanship  for  the 
supervision  and  control  of  highways  and  bridges  or  the 
assessment  and  collection  of  taxes.  The  remaining  peti- 
tions merely  emphasize  points  already  suggested,  but  do  not 
add  anything  of  substantial  value  to  the  narrative.253 


COUNTY  BOAED  OF  TOWNSHIP  SUPERVISORS     129 

A  number  of  bills  were  introduced  both  in  the  House  of 
Eepresentatives  and  in  the  Senate,  dealing  with  the  question 
of  township  and  county  government  and  therefore  with  the 
problem  of  road  administration.  On  January  27, 1860,  Mr. 
Chauncey  Gillett  presented  a  bill  providing  for  the  reorgan- 
ization of  counties  and  townships ; 254  while  a  few  days  prior 
to  this  time  Mr.  John  E.  Blackford  had  introduced  a  bill 
relating  to  the  organization  of  new  counties,  which  was  re- 
ferred to  the  Committee  on  Township  and  County  Organiza- 
tion.255 A  third  bill,  creating  a  new  system  of  township 
and  county  organization,  was  introduced  by  Mr.  James 
McQuinn ; 256  and  a  fourth  bill  was  presented  by  Mr.  Charles 
Paulk  to  establish  a  board  of  supervisors.257  The  debate  in 
the  Senate  with  reference  to  the  question  of  township  and 
county  organization  was  for  the  most  part  postponed  until 
the  bill  dealing  with  that  subject  had  been  transmitted  from 
the  House.258  The  measure,  however,  which  became  the 
storm  center  of  the  session  was  that  introduced  by  Mr. 
Chauncey  Gillett  in  the  House  and  entitled  "An  Act  for  the 
re-organization  of  counties  and  townships  ",259 

In  order  to  understand  the  arguments  for  and  against  the 
system  of  administrative  decentralization  supported  by  a 
majority  of  the  members  of  the  General  Assembly  it  is 
necessary  to  make  a  brief  study  of  this  important  bill.  The 
fact  that  highway  administration  is  an  organized  part  of  the 
general  field  of  local  government  was  recognized  by  the  men 
who  enacted  the  Revision  of  1860.  It  was  clearly  stipulated 
that  the  statute  relating  to  roads  and  bridges  must  be  read 
by  substituting  "board  of  supervisors"  or  "clerk  of  board 
of  supervisors ' '  in  place  of  the  words  " court "  or  "judge" 
as  the  case  may  be,  thus  indicating  that  the  two  acts,  one 
outlining  a  method  of  road  administration  and  the  other 
devising  a  new  plan  of  township  and  county  organization, 
were  parts  of  one  system  of  local  government. 

The  bill  under  consideration  provided  for  a  board  of 


130       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

supervisors  to  be  elected  by  the  legal  voters  of  each  civil 
township.  And  should  "the  population  of  any  such  Town- 
ship exceed  four  thousand  inhabitants  and  is  less  than 
8,000  there  shall  be  elected  one  additional  supervisor  from 
such  township  or  townships  and  one  additional  supervisor 
for  each  4000  inhabitants  over  and  above  8000.  "26° 

Among  the  powers  conferred  upon  the  proposed  board  of 
supervisors  the  following  relate  directly  to  the  subject  of 
roads :  first,  the  appointment  of  commissioners  to  act  with 
similar  commissioners  appointed  in  other  counties,  author- 
izing them  to  lay  out,  alter  or  discontinue  any  road  extend- 
ing through  their  own  and  one  or  more  other  counties, 
subject  to  the  ratification  of  the  board;  second,  to  lay  out, 
establish,  alter,  or  discontinue  any  county  road  within  their 
respective  counties ;  third,  to  provide  for  the  building  of  all 
necessary  bridges  and  keep  the  same  in  such  repair  as  the 
public  convenience  might  require;  and  fourth,  to  have  and 
exercise  the  general  financial  authority  and  power  to  audit 
bills  and  accounts  which  had  heretofore  been  vested  in  the 
county  judge.  Consequently,  if  this  bill  became  a  law,  it 
would  mean  a  complete  and  radical  change  in  the  whole 
system  of  supervising  highways  and  bridges  and  in  the 
general  management  of  local  finances.  The  bill  especially 
stipulated  that  "After  the  taking  effect  of  this  act  neither 
the  County  Judge  nor  County  Court,  shall  have  or  exercise 
any  of  the  powers  hereby  conferred  upon  the  Board  of 
Supervisors.  "261 

Mr.  Gillett's  bill  providing  for  the  reorganization  of 
counties  and  townships262  was  ordered  printed  and  referred 
to  the  Committee  on  Township  and  County  Organization.263 
On  February  17th  this  committee  reported  that  in  connec- 
tion with  a  similar  committee  of  the  Senate  they  had 
considered  the  bill  and  had  agreed  upon  a  substitute  em- 
bracing most  of  the  principles  embodied  in  the  original 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     131 

bill.264  A  few  days  earlier  the  Senate  Committee  on  Town- 
ship and  County  Organization  had  reported  a  substitute  for 
various  bills  dealing  with  the  same  subject.265  The  whole 
question,  in  fact,  had  been  thoroughly  discussed  in  the  Sen- 
ate and  the  committee  in  presenting  the  substitute  also 
submitted  a  report  embracing  the  chief  objections  to  the 
county  judge  system. 

This  Senate  report  goes  to  the  very  heart  of  the  whole 
question  of  local  government  and  local  administration  and 
therefore  has  a  close  and  vital  relation  to  every  problem 
which  in  the  last  analysis  must  depend  for  its  solution  upon 
the  character  of  township  and  county  organization.  The 
committee  in  their  report  referred  to  the  county  judge  sys- 
tem as  one  ' t  not  adapted  to  or  consistent  with  the  genius  of 
our  institutions,  tending  as  it  does  to  centralize  rather  than 
diffuse  political  power. "  The  committee  frankly  granted 
the  efficiency  of  the  centralized  plan,  but  with  the  following 
important  qualification  and  exception:  "We  cannot  concede 
that  it  places  power  where  it  will  always  secure  the  rights  of 
the  people  by  whom  it  is  delegated. ' '  In  other  words,  it  was 
felt  that  the  county  judge  was  in  some  respects  placed  be- 
yond the  immediate  reach  of  the  people,  thus  making  his 
power  all  the  more  dangerous.  Believing  that  all  political 
power  is  t '  inherent  in  the  people ' '  and  should  be  delegated 
only  in  accordance  with  the  theory  of  checks  and  balances, 
the  committee  concluded  that  the  power  of  the  county  judge 
was  a  dangerous  one  and  "so  far  as  it  pertains  to  the 
finances  of  a  county,  should  be  taken  from  him,  and  vested 
in  agents  more  immediately  from  the  body  of  the  peo- 
ple/'266 

These  objections,  no  doubt,  possessed  some  real  merit  at 
that  time.  They  certainly  appear  to  be  very  modern.  In- 
deed, they  sound  much  like  the  objections  which  are  fre- 
quently made  at  the  present  time  against  any  bill  to  create 
the  office  of  county  road  engineer  or  to  render  more  efficient 


132       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

in  some  other  way  the  general  system  of  road  adminis- 
tration. 

Between  February  13th  and  March  14th  the  whole  ques- 
tion of  township  and  county  organization  was  thoroughly 
debated  in  both  the  House  and  the  Senate.  After  passing 
the  House  on  March  2nd  by  a  vote  of  forty-seven  to  thirty- 
four,267  the  bill  under  consideration  was  messaged  over  to 
the  Senate  and  referred  to  the  Committee  on  Township  and 
County  Organization.268  Here  it  appears  that  Senator 
W.  H.  M.  Pusey  from  the  committee  made  a  minority  report 
in  which  it  was  alleged  that  the  proposed  board  of  super- 
visors would  be  cumbersome,  inefficient,  much  more  ex- 
pensive, and  in  various  other  ways  less  representative  than 
the  old  system.269  It  was  during  the  discussion  of  the 
minority  report  of  the  committee  that  the  different  plans  or 
methods  of  reforming  township  and  county  government 
were  presented  on  the  floor  of  the  Senate. 

The  arguments  and  plans  of  reform  outlined  during  this 
debate  are  of  vital  interest  to  the  student  of  local  adminis- 
tration, for  almost  every  shade  of  opinion  regarding  the 
nature  and  scope  of  what  would  constitute  the  most  de- 
sirable system  of  township  and  county  organization  was 
expressed.  Some  members  believed  in  the  minimum  amount 
of  change  or  perhaps  no  important  change,  holding  that  the 
county  judge  system  had  proved  to  be  satisfactory.  Others 
held  that  it  would  be  wise  to  associate  with  the  county  judge 
certain  other  officials,  especially  in  the  consideration  of 
financial  matters  ;270  but  they  did  not  feel  that  it  was  neces- 
sary or  desirable  to  multiply  offices  and  therefore  increase 
expense.  As  the  debate  proceeded,  however,  it  became  more 
and  more  evident  that  the  majority  of  members  both  in  the 
Senate  and  in  the  House  favored  revolutionary  changes. 

Aside  from  the  provision  that  additional  supervisors 
should  be  elected  from  the  civil  townships  on  the  basis  of 
population,  no  important  amendment  was  adopted  by  the 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     133 

Senate.271  The  bill  finally  passed  by  a  vote  of  twenty-three 
to  twenty,272  and  was  returned  to  the  House  where  the 
Senate  amendments  were  adopted.273  Thus,  on  March  14th 
after  weeks  of  prolonged  debate  regarding  the  fundamental 
principles  of  local  government  the  most  important  measure 
of  the  session  of  1860  was  finally  enacted  into  law. 

The  fact  that  there  was  a  very  general  and  comprehensive 
discussion  throughout  the  State  of  the  whole  question  of 
township  and  county  organization  is  apparent  from  an  ex- 
amination of  the  contemporary  newspaper  files.  The  Mus- 
catine  Daily  Journal  and  the  Iowa  Democratic  Enquirer  of 
Muscatine,  The  Daily  Gate  City  of  Keokuk,  The  Burlington 
Hawk-Eye,  The  Iowa  State  Journal  of  Des  Moines,  and 
other  contemporary  papers  contain  a  substantial  amount  of 
important  first-hand  material  with  reference  to  this  ques- 
tion. The  arguments  for  and  against  the  proposed  decen- 
tralized system  of  local  administration  are  presented  with 
a  great  deal  of  force.  These  arguments  in  the  main  have 
already  been  noted  in  tracing  the  history  of  the  bill  through 
the  General  Assembly. 

Perhaps  the  most  important  consideration  which  was  re- 
peatedly urged  in  favor  of  the  county  board  of  township 
supervisors  was  the  necessity  of  placing  power,  especially 
the  control  of  finances,  closer  to  the  people.  And  so  the 
proposed  system  was  looked  upon  as  thoroughly  democratic 
and  in  harmony  alike  with  the  spirit  of  the  Constitution  and 
the  demands  of  the  people. 

A  writer  in  The  Daily  Gate  City  makes  an  especially 
strong  statement  of  the  arguments  in  favor  of  the  new 
system  in  the  following  terms :  ' '  It  subverts  and  dethrones 
just  as  many  little  kings  or  petty  despots  or  possible  des- 
pots, as  there  are  Counties  in  the  State ";  "It  restores  that 
principle  and  system  of  local  self-government  which  was  the 
germ  of  our  municipal  Republican  institutions,  and,  in  all 
ages  of  English  civilization,  the  bulwark  of  individual  lib- 


134       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

erty";  "The  system  is  essentially  democratic  in  the  true 
sense  of  the  term.  ...  As  the  people  become  acquaint- 
ed with  the  system,  they  will  like  it,  and  will  rejoice  that  the 
'County  King'  is  dethroned. "274 

There  is  no  possibility  of  misunderstanding  the  nature 
and  purpose  of  these  observations.  The  forces  of  central- 
ization and  arbitrary  authority  —  or  what  was  supposed  to 
be  arbitrary  and  irresponsible  authority  —  were  brought 
face  to  face  with  the  forces  of  administrative  decentraliza- 
tion, or  what  was  believed  by  a  majority  of  the  people  at  the 
time  to  be  a  more  democratic  and  responsible  system  of 
local  self-government.  Moreover,  these  considerations 
necessarily  go  to  the  very  foundation  principles  of  all  gov- 
ernment—  more  especially  local  government  and  adminis- 
tration—  and  therefore  must  be  thoroughly  understood 
before  the  practical  statesman  is  able  to  formulate  a  con- 
structive program  of  reform  along  the  line  of  taxation, 
roads  and  bridges,  the  public  school  system,  or  any  similar 
question. 

On  the  other  hand,  the  most  important  arguments  urged 
against  the  proposed  system  were  the  needless  multiplicity 
of  offices,  the  increase  of  expenses,  and  the  impossibility,  or 
at  least  impracticability,  of  holding  any  one  official  respon- 
sible for  honest,  efficient  public  service.  It  was  also  alleged 
that  the  new  system  was  not  necessarily  more  democratic 
than  the  old ;  that  is  to  say,  the  question  whether  a  govern- 
ment is  or  is  not  democratic  does  not  depend  upon  the  size 
of  the  administrative  unit,  but  rather  upon  the  extent  to 
which  officers  are  actually  representative  and  held  directly 
responsible  to  the  electorate.  Nor  can  it  be  doubted  that 
these  contentions  were  worthy  of  serious  thought  in  1860  or 
that  they  have  a  great  deal  of  force  under  present  political 
and  economic  conditions. 

Early  in  the  session  it  became  obvious  that  the  county 
judge  system  would  undergo  some  very  substantial  changes. 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     135 

This  being  true,  at  least  three  different  plans  might  be 
adopted :  first,  the  retention  of  the  county  judge  as  a  part 
of  a  board  either  composed  of  two  or  more  commissioners 
or  of  the  clerks  of  the  various  civil  townships,  or  some  other 
compromise  along  similar  lines;  second,  the  commissioner 
system  substantially  the  same  as  that  which  now  prevails 
in  Iowa ;  and  third,  a  county  board  of  township  supervisors, 
following  the  New  York  and  Wisconsin  plans. 

But  the  forces  which  were  working  for  a  more  radical 
change  were  in  the  majority.  While  a  substantial  minority 
was  in  favor  of  a  compromise  and  many  were  inclined  to 
favor  the  commissioner  system,  it  is  apparent  that  the  ma- 
jority of  the  members  of  both  the  House  and  the  Senate 
were  willing  to  experiment  with  a  decentralized  system  of 
township  and  county  organization,  thinking  that  such  a 
system  was  closer  to  the  people,  more  democratic,  and  there- 
fore more  in  harmony  with  the  spirit  of  the  Constitution. 
By  having  the  government  close  to  the  people  many  be- 
lieved that  public  officials  would  be  held  more  strictly 
accountable  for  their  acts  and  that  all  public  service  would 
be  placed  on  a  more  efficient  basis.  The  considerations 
which  doubtless  had  great  weight  with  the  members  of  the 
General  Assembly  are  stated  by  one  correspondent  as  fol- 
lows: 

It  is  not  the  legitimate  compensation  of  officers,  under  any  system 
of  county  government,  however  high  their  salaries  may  be,  that 
makes  a  government  burdensome  and  odious  to  the  people,  but  it  is 
the  robbery  practiced  under  color  of  law,  or  the  contracts  made 
upon  inadequate  information  or  incompetent  judgment.275 

The  radical  changes  in  local  administration  above  out- 
lined had  a  direct  and  important  bearing  upon  the  whole 
question  of  roads  and  bridges.  The  Revision  of  1860  con- 
tains the  various  statutes  relating  to  roads  which  had  been 
enacted  since  the  adoption  of  the  Code  of  1851,  including 
some  legislation  along  the  same  line  enacted  by  the  General 


136       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Assembly  in  I860.276  The  machinery  of  road  administra- 
tion outlined  in  these  acts  has  already  been  described  in  the 
previous  chapter.  With  the  exception  of  "An  Act  in  rela- 
tion to  Roads  and  Highways",  approved  on  April  2,  I860,277 
and  "An  Act  for  the  regulation  of  State  and  County  Eoads 
within  Towns  and  Cities",  approved  on  March  30,  I860,278 
the  road  legislation  outlined  in  the  Revision  of  1860  consists 
simply  of  the  statute  laws  which  had  been  enacted  subse- 
quent to  the  Code  of  1851,  revised  and  brought  up  to  date. 
The  wording  is  exactly  the  same ;  but  it  is  expressly  stated 
that  throughout  the  chapter  the  words  "court"  and 
"judge"  shall  be  changed  to  "board  of  supervisors"  or 
"clerk  of  the  board  of  supervisors",  as  the  sense  might 
require.  In  other  words,  the  Revision  of  1860  had  been 
drafted  before  the  enactment  of  the  law  which  produced  so 
radical  a  change  in  the  general  system  of  township  and 
county  organization. 

Moreover,  the  change  in  the  wording  of  the  road  legisla- 
tion in  the  Revision  of  1860  was  necessary  not  only  as  a 
result  of  the  complete  change  in  government,  but  it  appears 
that  an  act  in  relation  to  roads  and  highways  expressly 
provided  that  "the  board  of  supervisors  shall  have  the 
same  power,  and  perform  the  same  duties  in  relation  to 
roads  and  highways  in  their  respective  counties,  as  have 
been  exercised  under  previous  laws  by  county  judges  and 
county  courts,  subject  to  such  modifications  as  shall  be  or 
have  been  made  at  the  present  session  of  the  legisla- 
ture."279 The  same  act  also  stipulated  that  in  case  certain 
duties  could  not  be  performed  by  the  board  of  supervisors 
without  too  much  delay  or  inconvenience,  the  board  might 
confer  this  power  upon  the  clerk  of  the  district  court,  acting 
as  the  clerk  of  the  board. 

Thus  it  is  apparent  that  the  machinery  of  road  adminis- 
tration, as  it  existed  in  1860  and  was  outlined  in  the  Re- 
vision of  that  year,  can  not  be  understood  except  as  studied 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     137 

in  connection  with  the  new  system  of  local  government  pro- 
vided for  in  "An  Act  creating  a  County  Board  of  Super- 
visors, defining  their  duties,  and  the  duties  of  certain 
County  Officers.  "28°  Each  organized  county  was  declared 
to  be  a  body  politic  and  corporate  with  such  powers  and 
immunities  as  were  established  by  law.  The  county  board 
of  township  supervisors  was  composed  of  one  supervisor 
elected  from  each  civil  township  —  unless  the  population  of 
the  township  exceeded  four  thousand  inhabitants,  in  which 
case  one  additional  supervisor  was  allowed  for  each  addi- 
tional four  thousand  inhabitants,  the  number  of  inhabitants 
to  be  determined  by  the  last  preceding  State  or  federal 
census.  The  method  of  classification,  the  term  of  office,  and 
other  details  of  the  new  system  are  the  same  as  have  already 
been  described  in  connection  with  the  original  bill,  intro- 
duced in  the  General  Assembly  by  Mr.  Chauncey  Gillett.281 
The  powers  conferred  upon  this  new  board  included  as  a 
matter  of  course  the  general  supervision  of  roads,  high- 
ways, and  bridges  and  the  management  of  county  finan- 
ces.282 And  so  it  appears  that  since  the  Code  of  1851  had 
been  adopted  the  State  had  been  gradually  moving  away 
from  administrative  centralization  and  official  responsibility 
toward  a  system  of  administrative  decentralization  and, 
what  logically  follows,  administrative  inefficiency  and  need- 
less additional  expense. 

It  will  be  recalled  that  the  road  laws  of  1858  specifically 
deprived  the  township  trustees  of  the  right  to  levy  road 
taxes  in  incorporated  cities  and  placed  this  power  in  the 
hands  of  the  proper  municipal  authorities.283  The  meaning 
and  intent  of  this  clause  of  the  statute  came  up  for  adjudi- 
cation in  the  case  of  Hawley,  Street  Commissioner,  v. 
Hoops.284  The  city  of  Muscatine,  situated  within  Blooming- 
ton  township,  having  been  formed  into  a  separate  road 
district,  the  question  arose  as  to  whether  the  board  of 
trustees  of  the  township  of  Bloomington  had  the  right  to 


138       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

levy  road  taxes  against  property  situated  within  the  cor- 
porate limits  of  the  city  of  Muscatine.  On  the  points  in- 
volved the  court  held:  first,  that  the  construction  of  the 
statute  was  very  plain  and  could  not  be  misunderstood,  the 
obvious  intent  being  to  clothe  the  proper  municipal  authori- 
ties with  the  full  power  to  levy  road  taxes  within  their  own 
jurisdiction;  second,  that  the  problem  of  improving  the 
streets  of  a  city  was  essentially  different  from  the  care  and 
maintenance  of  ordinary  roads  and  therefore  should  be 
under  the  control  of  the  city  as  such;  third,  that  if  the 
privilege  of  levying  road  taxes  within  the  city  was  granted 
both  to  the  township  trustees  and  to  the  city  council,  it 
would  be  impossible,  or  at  least  impracticable,  for  the  latter 
to  adopt  any  permanent  system  of  improvement;  fourth, 
that  the  township  trustees  possessed  no  intimate  knowledge 
of  conditions  in  the  city  and  therefore  a  levy  made  under 
their  authority  might  be  wholly  inadequate  for,  or  in  excess 
of,  the  amount  required ;  and  fifth,  that  any  compromise  sys- 
tem of  divided  authority  would  create  an  unnecessary  an- 
tagonism between  the  rural  districts  and  the  city  and  would 
be  burdensome  and  expensive  in  its  operation.285 

Governor  Samuel  J.  Kirkwood  in  a  special  message  dated 
September  3,  1862,  called  the  attention  of  the  General  As- 
sembly to  the  fact  that  the  regiments  of  troops  sent  into 
the  field  contained  a  very  large  part  of  the  population  re- 
quired by  law  to  perform  labor  on  highways.  He  stated 
that  the  roads  must  be  kept  in  repair  and  that  this 
could  be  done  only  by  supplying  the  deficiency  of  labor 
which  resulted  from  enlistments  by  requiring  labor  of 
those  ordinarily  exempt.  "I  therefore  recommend ",  said 
the  Governor,  /'that  the  law  be  so  amended  that  all  able 
bodied  male  residents  of  the  State  between  the  ages  of 
eighteen  and  sixty  be  made  liable  to  perform  labor  on  our 
highways.  "28e  No  action,  however,  appears  to  have  been 
taken  along  this  line  by  the  General  Assembly. 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     139 

It  will  be  recalled  that  very  serious  objection  was  made 
in  1860  to  the  adoption  of  the  so-called  supervisor  or  New 
York  system  of  county  government.  In  fact,  a  substantial 
minority  voted  against  it  both  in  the  House  and  in  the 
Senate.  As  predicted  at  that  time,  the  new  system  was 
scarcely  in  operation  before  a  great  many  taxpayers  were 
again  demanding  a  change.  Some  believed  that  the  county 
judge  system  should  be  reestablished;  but  the  majority  of 
those  who  were  opposed  to  the  decentralized  system  of 
township  and  county  organization  preferred  the  commis- 
sioner system  of  county  government. 

A  petition  signed  by  four  hundred  and  twenty-two  citi- 
zens of  Decatur  County  asked  for  the  repeal  of  the  act 
creating  a  county  board  of  supervisors  and  that  the  county 
judge  system  be  reestablished  for  the  following  reasons : 

1st,  In  the  matter  of  economy  the  present  System  has  cost  our 
County  at  least  Seventy  five  per  cent  more  than  the  County  Judge 
System ; 

2nd,  It  is  far  more  inconvenient  in  its  practical  working,  requir- 
ing persons  having  claims  against  the  County  to  make  several  trips 
to  the  County  Seat,  and  in  many  instances  to  employ  Attorneys  to 
get  their  just  claims  allowed ; 

3rd,  It  is  entirely  too  slow  to  meet  the  wants  of  paupers  and 
others  who  require  immediate  action. 

These  are  only  a  few  of  the  reasons  that  induce  us  to  ask  this 
favor  at  your  hands.287 

Other  petitions  along  the  same  line  were  introduced ;  but 
for  the  most  part  the  petitioners  were  either  willing  to 
accept  the  commissioner  system  or  actually  preferred  it  to 
the  county  court  as  provided  for  in  the  Code  of  1851.288 

From  a  study  of  contemporary  sources  it  is  apparent  that 
a  considerable  minority  favored  the  commissioner  system, 
that  is,  a  form  of  county  government  in  which  authority  is 
vested  in  three  or  four  commissioners  elected  either  from 
the  county  at  large  or  on  the  district  plan.  This  was  in 


140       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

reality  a  compromise  between  the  highly  centralized  system 
of  administration  in  which  authority  was  vested  in  a  county 
judge,  on  the  one  hand,  and  the  plan  of  electing  supervisors 
in  the  various  civil  townships  on  the  other.  It  had  been  the 
form  of  county  government  in  Iowa  prior  to  the  Code  of 
1851,  and  was  destined  to  be  reestablished  in  1870.  The 
General  "Assembly  which  adopted  the  Code  of  1851  went  to 
the  extreme  of  centralization.  On  the  other  hand,  the  Re- 
vision of  1860  represents  the  opposite  extreme  of  decentral- 
ization. The  commissioner  system,  being  a  compromise 
between  the  two,  was  believed  by  many  taxpayers  to  be  the 
most  practicable  and  desirable. 

The  War  between  the  States  was  now  in  progress  and  the 
problems  connected  with  it  occupied  the  public  mind.  Ac- 
cordingly no  fundamental  changes  were  made  in  the  system 
of  road  administration  during  the  regular  session  of  the 
General  Assembly  in  1862.  Two  minor  acts,  however,  were 
passed:  one,  entitled  "An  Act  amendatory  to  an  act  en- 
titled an  Act  to  provide  for  the  making  and  repairing  of 
public  highways  and  prescribing  the  further  duties  of 
Township  officers  in  certain  cases.  Approved  March  23rd, 
1858 ",289  and  the  other  "An  Act  prescribing  the  duties  of 
Township  Trustees  and  Eoad  Supervisors  in  certain 
cases.  "29° 

The  first  of  these  acts  made  it  the  duty  of  the  district 
road  supervisors  to  keep  the  roads  in  as  good  condition  as 
the  funds  at  their  disposal  would  permit ;  and  it  stipulated 
in  greater  detail  concerning  the  placing  of  guideboards,  re- 
quiring that  such  boards  should  "be  made  out  of  good 
timber,  the  same  to  be  well  painted  and  lettered,  and  placed 
upon  good  substantial  hard  wood  posts,  to  be  set  four  feet 
in  the  ground,  and  shall  be  at  least  eight  feet  above 
ground.  "291  The  expense  of  putting  up  guideboards  was 
defrayed  by  a  property  tax  which  was  levied  by  the  town- 
ship trustees  and  required  to  be  paid  in  money.  The  town- 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     141 

ship  clerk  in  making  up  the  tax  list  for  each  road  district 
was  also  required  to  carry  out  the  amount  of  tax  paid  in 
money  due  from  each  individual  in  a  separate  column  in 
order  to  distinguish  the  amount  of  tax  paid  in  money  from 
that  paid  in  labor.292 

The  second  measure,  prescribing  the  duties  of  township 
trustees  and  road  supervisors,  clothed  the  former  with 
authority  to  "determine  upon  the  amount  of  property  tax 
to  be  levied  for  roads,  bridges,  plows  and  scrapers,  and  for 
payment  of  any  indebtedness  previously  contracted  by  such 
township  for  road  purposes,  and  levy  the  same,  which  shall 
not  be  more  than  three  mills  on  the  dollar  on  the  amount  of 
the  Township  assessment  for  that  year".293  The  same 
measure  also  gave  the  trustees  the  important  authority  to 
determine  what  proportion  of  the  road  tax,  not  exceeding 
one  mill  on  the  dollar,  in  the  various  road  districts  of  their 
townships  should  be  paid  in  money  and  what  proportion 
should  be  paid  in  labor.  That  is  to  say,  the  township  trus- 
tees at  their  discretion  might  require  one-third  of  the  road 
tax  to  be  paid  in  money.  This  act  is  important  for  two 
reasons :  in  the  first  place,  it  represented  a  movement  away 
from  the  payment  of  road  taxes  in  labor  to  the  payment  of 
the  same  in  money ;  and  in  the  second  place,  it  vested  a  large 
measure  of  financial  power  in  the  civil  townships. 

Certain  other  provisions  of  the  same  statute  should  also 
be  mentioned  in  this  connection.  First,  incorporated  cities 
were  considered  as  road  districts  and,  following  the  proviso 
of  the  road  law  of  1858  already  noted,294  were  vested  with 
authority  to  levy  road  taxes  within  their  own  jurisdiction. 
In  the  second  place,  road  supervisors  were  required  to  post 
notices,  stipulating  in  each  case  the  amount  of  road  tax  to 
be  paid  in  money  and  the  amount  to  be  paid  in  labor  and 
specifying  also  the  time  when  such  labor  should  be  per- 
formed. Finally,  an  excellent  example  of  the  degree  to 
which  not  only  the  levy  but  the  expenditure  of  road  funds 


142       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

had  become  decentralized  is  to  be  found  in  the  fact  that  the 
law  provided  that  no  part  of  the  tax  levied  for  highway 
purposes  in  one  road  district  should  be  "paid  out  or  ex- 
pended for  the  benefit  of  any  other  road  district  in  the 
township.  "295  Thus,  it  was  made  impossible  for  money 
raised  in  one  road  district  of  a  township  to  be  used  in 
meeting  extraordinary  expenditures  for  bridges  or  other 
purposes  in  another  district  of  the  same  township, —  a  pro- 
vision which,  if  not  undesirable,  is  an  altogether  needless 
limitation  on  the  management  of  road  finances. 

The  war  continued  to  absorb  the  attention  of  the  public, 
and  consequently  little  was  done  along  the  line  of  reforming 
road  administration.  During  the  legislative  session  of  1864 
practically  nothing  appears  in  the  messages  of  the  Governor 
or  in  contemporary  newspaper  files.  Only  two  minor  acts 
were  passed  dealing  with  the  subject  of  roads :  one,  fixing 
the  per  diem  of  road  supervisors ;  and  the  other  providing 
for  the  compilation  and  publication  of  the  road  laws.296 
The  compensation  of  road  supervisors  was  fixed  at  one 
dollar  and  fifty  cents  for  each  day  spent  in  the  discharge 
of  their  official  duties ;  and  each  supervisor  was  authorized 
to  require  all  able-bodied  male  residents  of  his  district  be- 
tween the  ages  of  twenty-one  and  fifty  to  perform  two  days 
labor  upon  the  public  highways.  The  second  law  simply 
provided  for  the  publication  in  pamphlet  form  of  20,000 
copies  of  the  road  laws,  which  were  to  be  distributed  by  the 
Secretary  of  State  to  the  various  clerks  of  the  county  boards 
of  supervisors,  and  by  such  clerks  among  the  township 
clerks,  who  in  turn  were  required  to  supply  a  copy  to  each 
district  road  supervisor.297 

At  the  close  of  the  war  serious  interest  was  again  taken 
in  State  and  local  problems,  including  the  question  of  town- 
ship and  county  organization.  Bills  were  introduced  in 
both  the  Senate  and  House  during  the  session  of  1866  pro- 
viding for  changes  in  the  system  of  local  government.298 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     143 

On  January  23rd  the  following  resolution  was  presented 
by  Mr.  Joel  Brown  of  Van  Buren  County : 

WHEREAS,  There  seems  to  be  manifest  objections  to  the  present 
system  of  County  Government,  and 

WHEREAS,  It  seems  to  be  a  question  whether  a  Board  of  Commis- 
sioners would  not  be  less  expensive,  and  more  efficient  in  the  trans- 
action of  County  business. 

Therefore  be  it  resolved  ~by  the  House  of  Representatives  of  the 
State  of  Iowa,  That  we  deem  it  expedient  to  take  action  at  an  early 
period  of  this  session,  looking  to  an  absolute  and  radical  change, 
Article  II,  Chapter  22,  Revision  of  I860.299 

This  resolution  called  forth  a  general  discussion  of  the 
relative  merits  of  the  different  plans  of  local  administra- 
tion. Mr.  Brown,  the  author  of  the  resolution,  stated  that 
its  principal  object  was  to  test  the  sense  of  the  House,  sug- 
gesting that  the  existing  system  of  county  government  was 
unsatisfactory  to  the  people  of  his  community.  It  was 
cumbersome,  inefficient,  and  represented  conflicting  local 
interests  which  frequently  rendered  definite  action  prac- 
tically impossible.  He  believed  that  no  supervisor  should 
owe  his  election  to  any  one  township,  but  rather  to  the 
county  at  large.  Mr.  Winslow  T.  Barker  held  similar  views, 
claiming  that  a  smaller  number  of  men  could  do  the  work 
more  efficiently  and  that  a  system  of  representation  could 
be  prescribed  which  would  insure  a  square  deal  to  the  rural 
districts  as  well  as  to  the  cities. 

The  majority,  however,  were  not  ready  for  a  change  of 
this  character.  Mr.  John  McKean  preferred  an  old  law 
which  was  well  understood,  claiming  that  the  supervisor 
system  had  worked  well  not  only  in  Iowa  but  in  other  States. 
He  stated  also  that  the  people  had  tried  both  the  commis- 
sioner and  the  county  judge  system  and  had  become  dis- 
satisfied with  both.  Admitting  that  the  supervisor  system 
might  be  more  expensive,  he  held  that  it  was  safer  and  less 
easily  corrupted.  "The  one-man  power  is  stronger,  more 


144       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

efficient,  and  cheaper  than  any  other  government  if  the  right 
man  is  in  power ",  said  Mr.  McKean.  "But  politicians  are 
not  to  be  trusted.  Hence  it  is  necessary  to  have  all  sections 
of  the  county  represented,  and  to  have  a  tolerably  numerous 
representation  so  that  one  may  watch  the  rest."300  It 
would  be  very  difficult,  indeed,  to  find  a  more  definite  state- 
ment of  implicit  faith  in  the  doctrine  of  checks  and  balances 
in  government.  The  decentralized  system  of  county  repre- 
sentation was  considered  by  Mr.  William  Hale  to  be  "the 
nearest  perfect  of  any  system  ever  devised",  and  to  be 
strictly  in  harmony  with  the  spirit  of  our  institutions.  It 
was  a  government  in  which  each  section  of  the  county  had  a 
representative  to  look  after  its  own  interests.  In  the  course 
of  the  debate  these  considerations  prevailed,301  and  the 
resolution  was  laid  on  the  table.302 

The  General  Assembly,  however,  enacted  two  measures 
dealing  with  the  subject  of  road  administration  during  the 
session  of  1866.  "An  Act  to  amend  Sections  710  and  312 
of  the  Revision  of  I860"  provided  that  not  more  than  three 
mills  on  the  dollar  should  be  levied  for  the  making  and  re- 
pairing of  roads  and  bridges.303  Under  the  Revision  of 
1860  the  board  of  supervisors  was  not  allowed  to  order  the 
erection  of  a  bridge  nor  purchase  real  estate  for  county 
purposes  in  excess  of  two  thousand  dollars  1 1  until  a  propo- 
sition therefor  shall  have  been  first  submitted  to  the  legal 
voters  of  the  county,  and  voted  for  by  a  majority  of  all 
voting  for  and  against  such  proposition,  at  a  general  elec- 
tion".304 This  amount,  however,  was  increased  to  five 
thousand  dollars,  with  the  proviso  that  the  board  of  super- 
visors could  not  purchase  real  estate  in  excess  of  two  thou- 
sand dollars  without  the  previous  approval  of  the  legal 
voters  of  the  county.305 

The  other  measure  dealing  with  the  subject  of  highways 
which  was  passed  in  1866  was  "An  Act  to  provide  for  estab- 
lishing private  roads  in  the  State  of  Iowa."306  By  its 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     145 

provisions  private  roads  might  be  established  in  the  same 
way  that  county  roads  were  established  by  law,  and  all  laws 
governing  the  establishment  of  county  roads  should  also 
apply  in  the  case  of  private  roads  so  far  as  applicable. 

Prior  to  the  appointment  of  a  commissioner  to  view  and 
make  a  report  on  the  proposed  private  road,  it  was  made 
the  duty  of  the  petitioner  to  file  a  bond  with  the  board  of 
supervisors  "in  a  penal  sum  to  be  fixed  by  them,  payable  to 
the  county,  with  such  sureties  as  may  be  approved  by  said 
Board,  for  the  use  of  the  parties  injured  by  the  establish- 
ment of  such  private  road,  with  conditions  that  the  ap- 
plicant will  pay  all  the  cost  resulting  from  such  application 
and  will  pay  all  the  assessed  damages  to  the  owners  of  the 
land  over  which  such  a  road  may  be  established,  and  comply 
with  all  other  conditions  upon  which  such  road  is  estab- 
lishedM.307  These  conditions,  however,  did  not  apply  in 
case  the  road  was  not  accepted. 

No  private  road  could  be  established,  however,  until  the 
applicant  paid  all  damages  and  costs  and  complied  with  all 
the  other  conditions  of  the  law.  In  case  of  failure  to  comply 
with  such  conditions,  the  applicant  forfeited  all  his  rights 
with  reference  to  the  proposed  private  road.  At  the  final 
hearing,  whether  an  application  for  damages  had  been  filed 
or  not,  the  board  of  supervisors  was  vested  with  authority 
to  hear  testimony,  receive  petitions  for  and  against  the  lay- 
ing out  and  opening  of  such  private  road,  establish  the  road 
upon  such  conditions  as  to  damages,  costs,  the  building  of 
fences,  and  the  like,  as  they  might  consider  just  and  equi- 
table. Or  they  might  refuse  absolutely  to  establish  the 
same. 

This  is  the  first  law  on  the  statute  books  of  Iowa  dealing 
with  the  subject  of  private  roads.  It  therefore  established 
a  new  class  of  roads  —  at  least  from  the  standpoint  of  law. 
Moreover,  it  is  a  significant  fact  that  the  authority  to  lay 
out  and  open  roads  of  this  character  was  vested  in  the 

10 


146       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

county  board  of  supervisors  and  not  in  the  various  boards 
of  township  trustees.  This  arrangement,  however,  may  be 
partially  explained  by  the  real  character  of  the  county 
board,  which  under  the  Revision  of  1860  was  distinctly  a 
local  township  body.  In  other  words,  the  fact  that  the 
county  board  as  such  was  given  the  power  to  lay  out  and 
open  private  roads  did  not  mean  any  important  degree  of 
centralized  administration  and  control. 

When  in  McCullom  v.  Black  Hawk  County308  the  question 
as  to  the  liability  of  the  county  for  damages  caused  by  de- 
fective bridges  situated  within  the  corporate  limits  of  the 
city  came  up  for  adjudication,  the  court  held  that  the  county 
was  liable  for  damages  until  the  city  was  organized  and  had 
elected  a  separate  group  of  responsible  officials  to  look  after 
its  own  interests.  In  this  case  the  change  from  county  to 
city  jurisdiction  had  been  completed  by  the  election  of  city 
councilmen  and  other  officers.  The  views  of  the  court  were 
stated  in  the  following  terms : 

It  would  not  do  to  give  two  distinct  sets  of  officers  control  over 
the  same  bridge.  There  would  be,  or  might  be,  conflict  of  juris- 
diction. The  money  and  means  they  expend  come  from  different 
sources,  and  cannot  be  applicable  to  the  same  objects.  Therefore, 
when  the  liability  of  the  city  attached,  that  of  the  county  ended, 
and  that  of  the  city  attached  when  its  organization  was  complete ; 
and  an  existence  of  its  own  began  when  it  had  agents  and  officers  of 
its  own  to  exercise  and  execute  its  corporate  powers  and  faculties.309 

At  the  following  session  of  the  General  Assembly  (1868), 
the  subject  of  township  and  county  organization  was  again 
taken  up  for  consideration  as  the  result  of  dissatisfaction 
with  the  supervisor  or  township  plan  of  representation 
which  had  become  more  general  and  pronounced.  An  ex- 
amination of  the  Senate  and  House  journals  reveals  the  fact 
that  a  great  many  petitions  dealing  with  local  govern- 
ment were  presented  to  the  General  Assembly  at  this  time. 
These  petitions,  which  have  been  preserved  and  are  on  file 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     147 

in  the  Department  of  Public  Archives  at  Des  Moines,  in- 
dicate that  the  petitioners  for  the  most  part  desired  a 
change  to  the  general  form  of  county  and  township  organ- 
ization which  had  existed  prior  to  the  Code  of  1851  — 
namely,  the  commissioner  system. 

In  the  first  place,  it  was  alleged  that  the  township  plan  of 
county  representation  was  expensive  and  cumbersome,  and 
that  the  business  of  the  county  could  be  transacted  more 
efficiently  with  three  or  four  or  at  least  not  more  than  eight 
or  ten  commissioners.  The  citizens  of  Jefferson  County 
were  content,  however,  to  resolve  merely  that  the  supervisor 
system  was  a  "sublime  humbug ".  Several  citizens  of 
Dallas  County  characterized  the  supervisor  system  as  being 
"cumbersome,  expensive  and  inefficient. "  A  number  of 
petitioners  from  Appanoose  County  also  desired  a  law  pro- 
viding for  three  county  commissioners ;  but  if  that  proved 
to  be  impossible,  they  considered  that  the  plan  should  at 
least  be  made  optional  —  the  question  to  be  decided  by  a 
majority  of  the  legal  voters  in  each  county.310 

A  more  detailed  petition  was  submitted  by  the  board  of 
supervisors  of  Harrison  County,  who  were  in  favor  of  a 
system  of  three  commissioners  and  the  division  of  the 
county  into  three  districts  following  original  township  lines 
and  having  a  population  as  nearly  equal  as  possible.  Mem- 
bers were  to  be  elected  from  the  districts  thus  formed,  and 
their  pay  was  limited  to  twenty  days  in  each  year  at  three 
dollars  per  day.  The  petitioners  desired  that  this  system 
be  made  optional  so  that  any  county  in  the  State  at  the 
following  general  election  might  adopt  it  if  it  so  desired.311 

In  the  House  of  Eepresentatives  at  least  four  bills  were 
presented  dealing  with  the  question  of  local  government. 
All  were  referred  to  the  Committee  on  Township  and  Coun- 
ty Organization.312  "A  bill  for  an  act  to  change  the  number 
and  manner  of  electing  County  Supervisors",  introduced  by 
Mr.  Charles  Dudley,  and  on  file  in  the  Department  of  Public 


148       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Archives,313  simply  provided  for  a  board  of  supervisors  to 
consist  of  three  members  in  all  organized  counties  having 
less  than  twenty  thousand  inhabitants.  Counties  of  twenty 
thousand  and  less  than  twenty-five  thousand  inhabitants 
were  to  have  a  board  of  four  members,  one  additional 
supervisor  to  be  allowed  for  every  additional  ten  thou- 
sand inhabitants.  In  other  words,  the  bill,  which  was  in 
reality  an  attempt  at  a  compromise  between  the  commis- 
sioner system  and  the  supervisor  system  as  those  terms 
are  most  frequently  understood,  required  that  counties  be 
separated  into  supervisor  districts  as  nearly  equal  in  popu- 
lation as  possible  and  of  contiguous  territory  without 
dividing  any  organized  township,  and  further  stipulated 
that  "the  said  board  of  County  Supervisors  shall  be  elected 
in  the  County  at  large,  no  two  being  residents  of  the 
same  district  except  in  counties  having  less  than  three 
organized  townships. "  None  of  these  bills  were  enacted 
into  law,  however,  and  similar  bills  in  the  Senate  met  the 
same  fate.314 

Some  changes  were  made,  nevertheless,  in  the  general 
body  of  road  legislation  by  the  Twelfth  General  Assembly. 
For  example,  an  act  to  legalize  the  establishment  of  county 
roads,  approved  on  March  17,  1868,315  was  made  necessary 
by  a  decision  of  the  Supreme  Court  holding  that  the  board 
of  supervisors  did  not  have  the  power  under  the  law  to 
delegate  to  their  clerks  the  authority  to  establish  roads.316 
The  act  simply  stipulated  that  all  county  roads  theretofore 
established  by  the  clerks  of  the  county  boards  of  super- 
visors were  declared  legal  and  valid,  the  same  as  if  they  had 
been  established  in  the  regular  manner  provided  by  law. 
The  new  measure,  however,  did  not  apply  to  cases  then 
pending  in  the  district  court  to  the  injury  of  the  litigants. 

A  second  act  so  amended  the  Revision  of  1860  as  to  pro- 
hibit the  laying  out  and  opening  of  a  road  "through  any 
garden,  orchard  or  ornamental  ground  contiguous  to  any 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     149 

dwelling-house,  so  as  to  cause  the  removal  of  any  dwelling- 
house  or  other  building,  without  the  consent  of  the  owner; 
provided,  that  such  garden,  orchard  or  grounds  are  of  more 
than  two  years'  establishment  or  growth.7'317 

A  third  measure  related  to  the  road  taxes  of  non-resi- 
dents.318 The  Revision  of  I860,  it  will  be  recalled,  required 
the  township  clerk  to  make  out  a  correct  list  of  all  non- 
resident lands  and  town  lots  on  which  road  taxes  had  not 
been  paid  and  the  amount  of  tax  charged  in  each  case,  and 
transmit  a  certified  copy  of  the  same  to  the  county  judge 
of  the  proper  county  —  the  county  treasurer  being  required 
to  collect  the  tax.319  By  the  provisions  of  this  amendatory 
act  the  lists  made  by  the  township  clerks  were  required  to 
be  transmitted  to  the  clerk  of  the  board  of  supervisors  of 
the  proper  county  —  a  change  representing  an  additional 
step  in  depriving  the  county  judge  of  his  authority  over  the 
administration  of  roads  and  bridges.  It  should  be  noted  in 
this  connection  that  at  this  same  session  of  the  General 
Assembly  the  office  of  county  judge  was  abolished  and  the 
office  of  county  auditor  established.320 

A  fourth  law,  prescribing  the  duties  of  township  trustees 
and  road  supervisors  in  certain  cases  and  providing  for  the 
levying  and  collection  of  road  taxes,  was  from  some  stand- 
points the  most  important  measure  of  the  session.  The 
law  then  in  operation  clothed  the  township  trustees  with 
authority  to  levy  road  taxes  within  certain  limitations, 
stipulating  the  amount  to  be  levied  in  money.  The  earlier 
measure  also  required  that  all  money  raised  within  a  cer- 
tain road  district  should  be  expended  in  that  district  and 
not  in  any  other  part  of  the  township.  The  new  act  gave 
the  township  trustees  authority  to  determine  "whether  any 
of  said  tax  shall  be  paid  in  labor,  and  if  they  determine  that 
any  part  may  be  paid  in  labor,  determine  what  part  may  be 
so  paid".321  Moreover,  the  trustees  were  granted  the  addi- 
tional power  of  determining  whether  any  part  of  the  road 


150       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

tax  should  be  made  a  general  township  fund  to  purchase 
plows,  scrapers,  or  other  implements,  and  to  promote  gen- 
eral road  work  in  the  township  —  which  provision  was  a 
step  away  from  the  extreme  system  of  administrative  de- 
centralization represented  by  the  local  road  district.  The 
township,  which  was  a  larger  administrative  unit  than  the 
road  district,  was  to  be  made  the  basis  of  a  certain  portion 
of  the  expenditure  for  road  purposes. 

Certain  other  provisions  of  the  same  statute  should  be 
mentioned  in  this  connection.  Thus,  in  cases  of  failure  to 
pay  the  road  tax  by  the  first  Monday  of  October  as  required 
by  law,  it  was  made  the  duty  of  the  road  supervisor  to  re- 
port all  cases  of  delinquency  to  the  township  trustees. 
Money  not  set  apart  in  the  general  township  fund  was  re- 
quired to  be  expended  in  the  road  district  in  which  it  was 
levied.  Finally,  the  township  clerk  was  obliged  to  give 
additional  bond  for  the  safe-keeping  of  the  general  town- 
ship fun3,  and  either  he  or  a  member  of  the  board  of 
township  trustees  was  required  to  take  charge  of  and 
properly  preserve  the  tools,  implements,  and  machinery 
purchased  therefrom.322 

Two  other  laws  relating  to  the  subject  of  road  adminis- 
tration were  enacted  in  1868 :  one  prohibited  the  laying  out 
or  opening  of  roads  across  certain  lands  reserved  by  the 
State  for  its  various  institutions  and  stipulated  that  pub- 
lic roads  which  had  already  been  laid  out  across  such 
lands  should  be  vacated;323  and  the  second  made  all  public 
streets  in  towns  and  villages  not  incorporated  a  part  of 
the  regular  public  highway.324  The  laying  out  and  the 
opening  of  public  roads  through  land  reserved  by  the  State 
for  its  institutions  required  the  express  consent  of  the 
General  Assembly.  Finally,  it  should  be  noted  that  the 
law  establishing  circuit  courts  gave  such  tribunals  juris- 
diction concurrent  with  the  district  court  in  a  great  many 
different  cases  including  "all  appeals  in  special  proceed- 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     151 

ings  for  the  assessment  of  damages  on  the  establishment  or 
location  of  highways".325 

This  chapter,  however,  would  be  incomplete  without  mak- 
ing a  brief  reference  to  at  least  one  very  important  decision 
of  the  Supreme  Court  declaring  "An  Act  to  provide  for 
establishing  private  roads  in  the  State  of  Iowa '  ',326  uncon- 
stitutional and  void.  In  Bankhead  et  al  v.  Brown  et  als27  a 
number  of  important  questions  regarding  the  general  sub- 
ject of  road  administration  were  considered,  the  court 
holding:  (1)  that  the  bill  of  rights  prohibited  by  implication 
the  taking  of  private  property  for  any  private  use  whatever 
without  the  consent  of  the  owner;  (2)  that  it  also  prohibited 
the  taking  of  private  property  except  for  public  use  and 
even  then  only  after  just  compensation  assessed  by  a  jury 
had  been  made;  (3)  that  the  General  Assembly  possessed 
the  sole  authority  to  determine  when  it  was  necessary  and 
proper  to  take  private  property  for  public  use  after  making 
just  compensation;  and  (4)  that  whether  or  not  a  road  was 
public  or  private  did  not  depend  upon  the  length  of  the 
road,  the  number  of  persons  served,  or  the  number  of  tax- 
payers through  whose  land  the  road  passed.  It  was  further 
held  by  the  court  that  roads  opened  in  pursuance  of  the  act 
of  1866  differed  in  no  respect  from  ordinary  highways  ex- 
cept in  the  manner  of  their  establishment. 

Following  these  principles  the  majority  of  the  court,  as 
above  stated,  declared  that  the  act  providing  for  the  laying 
out  and  opening  of  private  roads  was  plainly  contrary  to 
the  spirit  and  intent  of  the  bill  of  rights.  According  to  the 
view  of  the  court  "the  material  inquiry  is  whether  land 
compulsorily  taken  under  act  of  1866,  is  taken  for  public,  as 
distinguished  from  private  use,  within  the  meaning  of  the 
bill  of  rights?  If  taken  for  public  use  the  act  is  constitu- 
tional—  otherwise,  if  taken  for  private  use.  •  »:•;  *  .  With 
respect  to  the  act  of  1866,  we  are  of  opinion  that  roads 
thereunder  established  are  essentially  private,  that  is,  are 


152       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

the  private  property  of  the  applicant  therefor".328  The 
decision,  in  a  word,  prohibited  the  General  Assembly  from 
establishing  a  separate  class  of  highways  known  as  private 
roads. 

In  the  case  of  Kennedy  et  al,  Trustees,  etc.,  v.  The  Du- 
buque  C.  &  M.  E.  E.  Co.,329  the  court  reviewed  the  whole 
question  of  the  jurisdiction  of  the  county  board  of  super- 
visors in  the  administration  of  highways ;  and  after  quoting 
the  various  statutes  bearing  upon  that  subject  it  held  that 
the  jurisdiction  of  the  circuit  court  was  limited  to  ad  quod 
damnum  proceedings,  while  in  all  other  matters  relating  to 
roads  the  county  board  of  supervisors  possessed  exclusive 
jurisdiction.  The  court  reached  this  important  and  what 
would  seem  to  be  obvious  decision  largely  on  the  basis  of 
"An  Act  in  relation  to  Roads  and  Highways ",  approved  on 
April  2,  1860,  which  provided  that  "the  board  of  super- 
visors shall  have  the  same  power,  and  perform  the  same 
duties  in  relation  to  roads  and  highways  in  their  respective 
counties,  as  have  been  exercised  under  previous  laws  by 
county  judges  and  county  courts,  subject  to  such  modifica- 
tions as  shall  be  or  have  been  made  at  the  present  session  of 
the  legislature."330 

By  way  of  general  summary  it  should  be  stated  in  the  first 
place  that  the  county  board  of  township  supervisors  was 
itself  the  most  distinctive  feature  of  local  government  in 
Iowa  during  the  period  from  1860  to  1870.  Power  and 
authority  which  had  been  vested  in  one  man,  the  county 
judge,  was  now  placed  under  the  jurisdiction  of  a  group  of 
men  representing  civil  townships.  This  change,  however, 
was  not  so  revolutionary  in  character  as  might  at  first  be 
assumed,  for  the  reason  that  the  county  judge  had  gradu- 
ally been  deprived  of  a  large  part  of  his  original  power 
before  the  complete  change  of  system  was  finally  made.  In 
other  words,  the  repeal  of  the  county  judge  system  did  not 


COUNTY  BOARD  OF  TOWNSHIP  SUPERVISORS     153 

really  take  place  in  1860,  but  was  gradually  effected  by  a 
process  of  elimination  during  the  period  from  1853  to  1860. 

Under  the  new  plan  the  township  and  county  functions  of 
local  government  were  so  blended  and  interwoven  into  one 
complex  system  as  to  remove  any  clear  line  of  demarcation 
between  the  two.  The  township  supervisor,  representing 
as  he  did  the  civil  township,  had  more  in  common  with  the 
township  trustees  and  the  township  clerk  than  would  be 
possible  in  the  case  of  a  member  of  the  county  board  elected 
from  a  larger  jurisdiction.  This  being  true,  there  was  no 
longer  any  reason  why  the  county  board  of  township  super- 
visors should  not  exercise  a  much  larger  supervision  over 
roads  and  highways  and  a  greater  control  of  finances  than 
the  people  had  been  willing  to  grant  to  the  county  court. 
Under  the  reorganized  system  the  control  of  finances  by  the 
county  board  meant  its  control  in  the  last  analysis  by  town- 
ship officials  close  to  the  people  and  therefore  familiar  with 
local  conditions.  The  reasons  for  depriving  the  county 
judge  of  fiscal  authority  during  the  period  from  1851  to 
1860  did  not  apply  to  the  county  board  of  township  super- 
visors in  the  decade  from  1860  to  1870.  Not  only  was  this 
movement  checked,  but  it  will  be  recalled  that  the  laying  out 
and  opening  of  private  roads  was  placed  under  the  juris- 
diction of  the  new  county  board  rather  than  of  the  township 
trustees. 

The  arguments  for  and  against  the  new  system  of  county 
government  were  substantially  the  same  as  those  outlined 
above  in  Chapter  V.  It  was  alleged  again  and  again  with 
much  force  that  the  county  judge  system  was  arbitrary, 
undemocratic,  and  placed  too  much  power,  especially  finan- 
cial power,  in  the  hands  of  one  man.  The  friends  of  the 
township-county  plan  of  local  government  maintained  that 
their  system  was  more  representative  in  character  and,  by 
placing  government  in  closer  touch  with  the  people,  insured 
a  more  rigid  control  of  the  public  purse. 


154       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

While  the  bills  were  pending  before  the  General  Assembly 
in  1866  and  again  in  1868  for  the  reorganization  of  county 
government  almost  every  form  of  compromise  between  the 
contending  principles  of  centralization  and  decentralization 
in  local  administration  was  suggested.  Some  desired  the 
reestablishment  of  the  county  judge  system;  others  pre- 
ferred the  commissioner  system ;  and  still  others  advocated 
various  forms  of  compromise. 

The  district  road  supervisor,  elected  by  the  people  in  a 
subdivision  of  the  civil  township,  was  retained.  This  fact, 
taken  in  connection  with  the  organization  of  the  county 
board  on  a  township  basis,  makes  the  period  from  1860  to 
1870  distinctly  one  of  administrative  decentralization.  The 
fact,  however,  that  a  part  of  the  local  road  tax  was  placed 
in  a  general  township  fund  for  certain  purposes  represents 
a  movement  in  the  opposite  direction  in  favor  of  a  more 
efficient  system  of  supervision  and  control. 

Finally,  the  payment  of  a  part  of  the  road  tax  in  money, 
the  enactment  of  a  law  providing  for  the  laying  out  and 
opening  of  private  roads  (which  was  later  repealed  as  the 
result  of  an  adverse  decision  of  the  Supreme  Court),  and 
the  judicial  determination  of  the  scope  and  nature  of  the 
powers  possessed  by  the  county  board  of  supervisors  in 
relation  to  roads  and  bridges  were  elements  in  the  history 
of  road  legislation  during  the  period  from  1860  to  1870. 


VII 

PERIOD  OF  TRANSITION 

1870-1884 

The  supervisor  system  of  county  government  as  estab- 
lished in  1860  had  not  been  altogether  satisfactory  to  the 
people  of  Iowa.  Following  the  close  of  the  War  between 
the  States  public  attention  was  again  directed  to  the  solu- 
tion of  State  and  local  problems,  including  the  important 
question  of  township  and  county  organization.  In  fact,  the 
advantages  of  the  commissioner  system  were  emphasized 
at  the  legislative  sessions  of  1866  and  1868. 

When  the  General  Assembly  met  in  1870  public  sentiment 
had  become  crystalized  and  was  sufficiently  definite  to  re- 
sult in  practical  legislation.  To  accomplish  results  required 
agitation  and  persistent  effort  —  indeed,  the  history  of  any 
leading  reform  movement  has  established  the  fact  that  it 
takes  at  least  four  or  five  and  sometimes  ten  years  to  make 
any  such  fundamental  reform  as  a  change  in  the  system  of 
local  government.  When  it  is  recalled  that  nearly  ten 
years  were  employed  in  the  gradual  repeal  of  the  county 
judge  system  it  is  not  surprising  that  five  sessions  of  the 
General  Assembly  were  taken  up  with  the  problem  of  effect- 
ing the  change  from  the  supervisor  to  the  commissioner 
system. 

Early  in  the  session  of  1870  numerous  petitions  were  ad- 
dressed to  the  General  Assembly  asking  for  the  establish- 
ment of  the  commissioner  system  of  county  organization. 
The  objection  to  the  old  plan  most  frequently  made  was 
that  it  had  proved  "onerous,  Expensive,  and  entirely  dis- 
qualified to  the  wants  of  the  people."331  Again,  the  super- 

155 


156       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

visor  system  was  spoken  of  as  *  *  cumbersome,  unwieldy,  and 
greatly  inferior  to  the  old  system  of  transacting  the  busi- 
ness by  the  County  Judge ".  Some  petitioners  merely 
desired  that  the  number  of  supervisors  be  reduced  and  that 
population  be  made  the  basis  of  representation.  A  petition 
signed  by  a  large  number  of  citizens  of  Monroe  County 
asked  for  the  enactment  of  a  law  "reducing  the  number  of 
members  on  Boards  of  Supervisors  to  three  in  each  County ; 
to  be  elected  by  the  County  at  large.  "332 

Early  in  the  session  two  bills  were  presented  in  the 
Senate :  one  by  Senator  Benjamin  F.  Murray  providing  for 
reorganizing  the  boards  of  supervisors  and  defining  their 
duties  and  the  manner  of  their  election;333  and  a  second 
by  Senator  Frank  T.  Campbell  creating  a  board  of  county 
commissioners  and  prescribing  their  powers  and  duties.334 
The  bill  by  Senator  Murray,  introduced  on  January  17, 
1870,  required  the  boards  of  supervisors  to  "divide  their 
respective  counties  into  districts  of  5000  population  each 
as  near  as  practicable,  and  at  the  regular  election  in 
October  1870,  there  shall  be  elected  by  the  qualified  voters 
of  such  district  a  member  of  the  Board  of  Supervisors  as 
hereinafter  provided. ' '  It  was  further  stipulated,  however, 
that  counties  having  less  than  fifteen  thousand  inhabitants 
should  be  divided  into  three  districts,  each  district  being 
entitled  to  a  supervisor.335 

The  bill  introduced  by  Senator  Campbell  provided  defi- 
nitely for  creating  a  board  of  county  commissioners.  It 
proposed  a  somewhat  radical  change,  stipulating  that  "the 
System  of  County  Supervisors  is  hereby  abolished,  and  in 
lieu  thereof  a  Board  of  County  Commissioners  is  herein- 
after provided  for."  In  counties  having  not  more  than 
thirty  thousand  inhabitants,  it  was  made  the  duty  of  the 
board  of  supervisors  to  establish  three  districts  which  were 
not  subject  to  alteration  oftener  than  every  three  years, 
"each  of  which  Districts  shall  be  entitled  to  a  Commission- 


PERIOD  OF  TRANSITION  157 

er,  to  be  elected  by  the  qualified  voters  of  the  county  at 
large ".  Counties  having  more  than  thirty  thousand  in- 
habitants were  granted  an  additional  commissioner  for 
every  ten  thousand  exceeding  that  number,  the  districts 
being  established  on  an  equitable  basis.336 

On  January  25th  Senator  N.  B.  Moore  from  the  Com- 
mittee on  County  and  Township  Organization  submitted  a 
substitute  bill  providing  for  a  new  system  of  county  govern- 
ment and  recommended  its  passage.337  Then  followed  a 
somewhat  prolonged  debate  regarding  the  relative  merits 
of  the  various  systems  of  township  and  county  organiza- 
tion.338 Senator  Joseph  Dysart  offered  a  substitute  for  the 
first  section,  giving  counties  authority  to  select  either  the 
commissioner  or  the  supervisor  system.  This  substitute, 
however,  met  with  strenuous  and  successful  opposition,  the 
majority  of  the  Senators  believing  that  it  would  only  com- 
plicate matters  when  it  should  come  to  a  fair  vote  on  the 
question  of  either  abolishing  or  retaining  the  old  board  of 
supervisors.  Senator  Samuel  H.  Fairall  maintained  that 
the  Constitution  plainly  required  that  all  laws  of  a  general 
nature  should  be  uniform  in  their  operation  and  that  if  the 
proposed  plan  was  made  optional  "some  counties  would 
want  the  old  system  of  County  Judges,  others  the  Board  of 
Supervisors,  and  still  others  County  Commissioners.  "339 

Senator  John  N.  Dixon,  who  objected  to  any  "mongrel 
system ",  voiced  the  sentiment  of  those  desiring  a  change 
when  he  suggested  that  under  the  old  system  "each  Super- 
visor paid  more  attention  to  his  township  than  to  the  gen- 
eral good."  As  a  striking  example  of  this  point  Senator 
John  G.  Patterson  referred  to  his  home  county,  where  three 
expensive  bridges  had  been  constructed  across  the  Shell 
Eock  River  and  only  one  across  the  Cedar  River,  the  result 
being  that  the  citizens  of  St.  Charles  township,  who  paid 
about  one-third  of  the  whole  county  tax,  had  been  com- 
pelled to  build  a  bridge  across  the  Cedar  River  by  private 


158       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

subscriptions.340  The  Senator  was  satisfied  that  three  good 
men  selected  from  various  parts  of  the  county  would  pre- 
vent this  log-rolling  process  and  do  justice  to  all  the 
taxpayers.  Senator  West  held  a  similar  view,  stating  that 
the  Board  of  Supervisors  in  many  of  the  counties  had 
erected  monuments  of  their  wisdom.  He  remembered  one 
just  now.  On  a  frequented  road  they  had  erected  an  iron 
bridge,  the  ends  of  which  it  was  impossible  to  reach  except 
with  a  ladder. 

Numerous  amendments  were  offered,  but  practically  all 
of  them  were  voted  down."  Almost  every  shade  of  opinion 
prevailed  in  the  Senate  regarding  the  proper  method  of 
township  and  county  organization.  Some  believed  in  a 
radical  change;  others  favored  a  compromise  on  the  basis 
of  five  or  seven  supervisors ;  and  still  others  considered  that 
the  old  system  of  township  representatives  had  proved 
satisfactory.  Senator  Samuel  McNutt  of  Muscatine  was  the 
leader  of  those  who  objected  to  a  change  of  system,  holding 
that  every  section  of  the  county  was  entitled  to  representa- 
tion. In  case  a  change  was  made,  he  preferred  the  optional 
system  and  would  vote  for  the  substitute  offered  by  Senator 
Charles  Beardsley.  The  bill,  however,  passed  the  Senate 
on  February  3rd  without  any  important  amendments,341 
was  messaged  over  to  the  House,  and  referred  to  the  Com- 
mittee on  County  and  Township  Organization.342 

After  weeks  of  earnest  debate  regarding  the  strong  and 
weak  points  of  the  different  systems  of  township  and 
county  government,  the  victory  as  might  have  been  ex- 
pected was  not  wholly  with  either  side.  The  system  adopted 
was  a  compromise  and  was  in  a  measure  optional,  giving 
each  county  the  right  to  determine  whether  the  number  of 
its  supervisors  might  be  increased  to  five  or  seven.343  It 
should  not  be  forgotten,  however,  that  the  township  system 
of  representation  was  definitely  abolished  and  that  the  real 
victory  was  therefore  gained  by  the  advocates  of  the 


PERIOD  OF  TRANSITION  159 

commissioner  system.  The  name  "board  of  supervisors " 
was  still  retained;  but  it  was  provided  that  said  board 
"shall  consist  of  three  persons,  and  no  ballot  shall  be  cast 
at  such  election  for  two  residents  of  the  same  township,  or 
if  so  cast  shall  not  be  counted.  "344  If  any  county  desired 
to  increase  the  number  to  five  or  seven  it  was  given  the 
privilege  of  doing  so  by  submitting  the  question  to  a  ma- 
jority of  the  people  as  already  explained.  In  other  words, 
the  new  law  created  a  commissioner  system  in  fact,  retain- 
ing, however,  the  name  of  the  old  organization.345 

The  fundamental  and  radical  change  thus  produced  in  the 
whole  machinery  of  county  government  is  well  stated  in  an 
editorial  entitled  "The  County  Commissioner  Bill",  which 
appeared  in  the  Dubuque  Daily  Herald.  The  editor  who 
believed  that  every  section  of  the  county  was  entitled  to 
representation  wrote  in  part  as  follows : 

The  senate  on  Thursday  passed  a  bill,  ostensibly  to  reduce  the 
number  of  county  supervisors,  but  really  to  abolish  the  supervisor 
system  and  substitute  for  it  the  system  of  commissioners.  It  is  a 
return  to  the  old  commissioner  system  of  county  government.  "We 
think  the  experience  of  the  people  of  Iowa  has  sufficiently  estab- 
lished the  fact  that  the  commissioner  system  is  not  so  good  as  that 
of  supervisors,  in  any  respect.  It  was  abolished  in  this  state  because 
it  was  found  to  lack  the  essential  requirements  of  good  county  gov- 
ernment. The  supervisor  system  may  not  have  embraced  all  of 
these  requirements,  and  amendments  may  have  been  desirable,  but  it 
certainly  is  a  much  better  system  than  that  of  commissioners.  It  is 
based  upon  the  correct  principle  that  all  portions  of  the  county 
shall  be  represented  in  the  government,  a  principle  no  less  important 
in  the  government  of  a  county  than  in  that  of  a  state.346 

Aside  from  the  general  change  in  county  organization 
already  outlined,  the  General  Assembly  passed  the  follow- 
ing laws  dealing  with  the  subject  of  highways  and  bridges : 
"An  Act  to  Ajnend  Section  2,  Chapter  100,  of  the  Laws  of 
the  Twelfth  General  Assembly";347  "An  Act  Authorizing 


160       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Counties  to  Build  Bridges";348  "An  Act  to  Authorize  and 
Empower  Cities  to  build  and  maintain  Toll-Bridges,  and  to 
provide  therefor";349  "An  Act  to  Provide  for  the  Com- 
pilation and  Publication  of  the  Koad-Laws,  and  the  Dis- 
tribution of  the  same";350  "An  Act  to  Repeal  Chapter  127, 
of  the  Acts  of  the  Eleventh  General  Assembly  of  the  State 
of  Iowa";351  and  finally,  "An  Act  to  Legalize  the  Laying- 
out  of  Roads  under  Section  840,  of  the  Revision  of  I860."352 
These  statutes  were  for  the  most  part  amendatory,  not 
representing  changes  of  a  fundamental  character. 

The  measure  passed  at  an  earlier  session  providing  for 
the  establishment  of  private  roads  was  repealed,  although 
it  had  already  been  declared  unconstitutional  by  the  Su- 
preme Court.  Additional  power  was  granted  to  the  board 
of  supervisors  in  the  matter  of  appropriating  money  for 
the  building  of  bridges.  In  counties  having  a  population  of 
fifteen  thousand,  the  board  might  appropriate  the  sum  of 
ten  thousand  dollars  for  the  construction  of  a  bridge  and 
two  thousand  dollars  more  for  each  additional  five  thou- 
sand inhabitants.353 

Nor  should  the  most  important  provisions  of  the  law 
authorizing  and  empowering  cities  to  build  and  maintain 
toll  bridges  be  overlooked  in  this  place.  The  city  council 
was  clothed  with  authority  to  build  and  maintain  toll 
bridges,  providing  the  same  did  not  affect  "the  vested 
rights  of  any  person  or  corporation  now  existing  in  or  to 
any  toll-bridge  franchise."  Bonds  issued  for  that  purpose 
were  limited  in  amount  at  any  one  time  to  five  per  cent  of 
the  assessed  valuation  of  the  taxable  property  within  the 
city.  Tolls  collected  for  the  use  of  a  bridge  were  set  aside 
as  a  separate  fund  for  the  liquidation  and  payment  of  the 
bonded  debt.  Finally,  it  was  stipulated  that  after  the 
liquidation  of  all  the  debt  the  bridge  should  be  free  to  the 
public.354 

Governor  Samuel  Merrill  in  his  second  biennial  message 


PERIOD  OF  TRANSITION  161 

and  Governor  Cyrus  C.  Carpenter  in  Ms  first  inaugural 
each  referred  to  the  subject  of  road  legislation.  Among 
other  things,  Governor  Merrill  stated  that  "much  complaint 
is  made  of  the  inefficiency  of  our  present  road  laws"  and 
suggested  that  one-fourth  of  the  $268,137.46,  exclusive  of 
poll  taxes,  judiciously  expended  for  road  purposes  "would 
effect  more  permanent  improvement  than  can  be  accom- 
plished under  the  present  wasteful  management."  As  a 
remedy  for  these  conditions  the  Governor  declared  that 
"the  abolition  of  the  existing  road-districts,  with  township 
supervision  under  an  officer  selected  for  the  purpose,  who 
would  be  enabled  to  systematize  the  work  upon  the  roads, 
would,  it  is  thought,  give  us  much  better  roads  with  smaller 
expenditure."355 

Governor  Carpenter  stated  that  turnpike  roads  and  com- 
mon roads  were  everywhere  rapidly  going  into  disuse, 
except  for  mere  local  purposes  —  in  other  words,  the  old 
type  of  graded  turnpike  roads  had  become  a  thing  of  the 
past.  Reference  has  already  been  made  to  the  fact  that 
graded  and  plank  roads  were  a  connecting  link  between  the 
ordinary  wagon  road  and  the  railroad.356  With  the  coming 
of  the  railroad,  according  to  the  Governor,  people  were 
obliged  to  intrust  their  persons  and  property  "in  moving 
from  point  to  point,  to  a  transportation  monopoly."357  On 
the  one  hand,  the  administration  of  wagon  roads  and 
bridges  had  become  almost  entirely  a  township  and  county 
problem,  and  on  the  other,  the  regulation  of  railroads  as 
common  carriers  was  soon  destined  to  become  a  public 
necessity. 

No  fundamental  changes,  however,  in  the  general  system 
of  road  administration  were  made  in  1872.  A  number  of 
minor  acts,  for  the  most  part  amendatory  in  character  and 
referring  especially  to  the  construction  of  bridges,  were 
passed.  "An  Act  Authorizing  the  Appropriation  of  Money 
to  build  Bridges"  clothed  the  board  of  supervisors  of  any 

11 


162       HISTORY  OF  KOAD  LEGISLATION  IN  IOWA 

county  having  a  population  of  more  than  fifteen  thousand 
with  authority  to  appropriate  l '  for  the  construction  of  any 
one  bridge  which  is,  or  may  hereafter  become,  a  county 
charge,  within  the  limits  of  said  county,  such  sum  as  may  be 
necessary,  not  exceeding  the  sum  of  forty  dollars  per  lineal 
foot".338  The  maximum  amount  to  be  appropriated  for 
such  purpose,  however,  was  fixed  at  twenty-five  thousand 
dollars.  By  the  provisions  of  the  same  act,  the  common 
council  of  any  incorporated  city  was  likewise  granted 
authority  to  appropriate  a  sum  not  to  exceed  ten  dollars 
per  lineal  foot  for  the  construction  of  any  county  bridge 
within  the  city  limits. 

A  second  act  authorized  any  incorporated  town  to  aid  in 
the  construction  and  repair  of  any  roads  leading  thereto  by 
appropriating  for  that  purpose  a  sum  not  exceeding  fifty 
per  cent  of  the  road  tax  of  the  town.  Before  money  could  be 
appropriated  for  that  purpose,  however,  it  was  necessary 
to  file  a  petition  signed  by  one-third  of  the  resident  tax- 
payers asking  that  the  question  be  submitted  to  the  voters 
at  a  special  election.  In  case  a  majority  voted  in  favor  of 
the  appropriation  the  council  was  authorized  and  empow- 
ered to  make  the  necessary  expenditure,  provided  that  the 
improvement  was  made  within  two  miles  of  the  corporate 
limits  of  the  town.359 

By  the  provisions  of  "An  Act  Eelating  to  Taxes  Levied 
for  Bridge  Purposes",360  cities  and  towns  maintaining 
at  their  own  expense  bridges  at  least  seventy-five  feet  in 
extreme  length  across  running  streams  were  entitled  to  all 
bridge  taxes  levied  by  county  authority  and  collected  on 
property  within  their  corporate  limits.  It  was  further  pro- 
vided, however,  that  whenever  the  taxes  so  levied  and  the 
tolls  collected  and  paid  over  to  the  proper  authorities 
amounted  to  the  cost  of  building  and  maintaining  such 
bridges,  the  bridge  tax  should  thereafter  remain  in  the 
county  treasury  for  general  bridge  purposes. 


PERIOD  OF  TRANSITION  163 

Aside  from  two  minor  amendatory  laws,  "An  Act  Legal- 
izing the  Establishment  of  Eoads  by  County  Judges  and 
Auditors7',361  completed  the  road  legislation  of  1872.  This 
measure  was  rendered  necessary  by  a  decision  of  the  Su- 
preme Court  holding  that  the  board  of  supervisors  was  the 
proper  authority  to  establish  roads  and  that  this  authority 
could  not  be  delegated.362 

The  Code  of  1873  was  adopted  at  an  adjourned  session  of 
the  Fourteenth  General  Assembly.  The  codification  made 
at  that  time,  like  that  of  1851,  was  a  complete  and  thorough 
revision  of  the  statutes  on  a  logical  and  systematic  basis, 
but  the  changes  were  not  of  such  a  revolutionary  character 
as  in  the  earlier  code.  A  brief  analysis  of  the  new  code  will 
reveal  the  exact  machinery  of  road  administration  which 
existed  at  that  time. 

In  making  an  historical  study  of  any  complex  and  im- 
portant question,  like  roads,  taxation  or  the  public  school 
system,  it  is  frequently  desirable  or  in  fact  necessary  to 
examine  a  cross  section  of  the  whole  in  order  to  understand 
thoroughly  any  real  progress  which  may  have  been  made. 
Indeed,  it  is  quite  impossible  to  possess  an  accurate  knowl- 
edge of  details  unless  one  has  a  clear  grasp  of  fundamental 
principles ;  but  at  the  same  time  it  is  a  well  established  rule 
of  logic  that  the  mind  can  not  comprehend  the  whole  of  a 
problem  except  through  a  patient  and  thorough  analysis  of 
its  various  parts.  In  other  words,  a  cross  section  of  the 
general  subject  of  road  legislation  and  administration  as 
contained  in  the  various  codes  and  revisions  will  be  helpful 
both  from  the  standpoint  of  details  and  of  fundamental 
principles. 

The  statutes  dealing  with  the  subject  of  roads  and  bridges 
in  the  Code  of  1873  may  be  briefly  analyzed  under  the  fol- 
lowing heads:  (1)  the  method  of  laying  out  and  opening 
roads,  including  the  awarding  of  damages,  the  preparation 
of  field  notes,  and  the  like;  (2)  the  levy  and  collection  of 


164       HISTOEY  OF  ROAD  LEGISLATION  IN  IOWA 

taxes 'for  the  building  and  maintenance  of  roads  and 
bridges ;  and  (3)  the  actual  work  on  the  roads,  including  the 
administration  or  supervision  of  the  same.  Speaking  in 
general  terms,  the  laying  out  and  opening  of  roads  accord- 
ing to  the  plan  outlined  in  the  Code  of  1873  was  a  county 
function ;  the  levy  of  taxes  for  the  support  of  roads  was  very 
largely  a  township  function ;  while  the  actual  work  on  roads 
and  the  administration  of  the  same  was  a  road  district 
function.  While  the  county  board  of  supervisors  did  have 
authority  to  levy  a  tax  of  not  more  than  three  mills  for 
making  and  repairing  bridges,363  the  fact  remains  that  the 
levy  of  road  taxes  at  that  time  was  primarily  a  function 
exercised  by  the  township  trustees.  A  mere  statement  of 
these  considerations  suggests  the  extent  to  which  the  same 
administrative  decentralization  had  taken  place  since  1851 
in  the  supervision  of  roads  which  has  been  found  to  exist 
in  the  assessment  and  equalization  of  taxes  during  the  same 
period.364 

The  principal  officers  and  boards  engaged  in  the  adminis- 
tration of  roads  and  bridges  as  outlined  in  the  Code  of  1873 
were  the  following:  the  county  boards  of  supervisors,  the 
county  auditor,  the  commissioners,  the  reviewers  and  ap- 
praisers, and  the  circuit  court  —  all  of  which  were  clothed 
with  certain  definite  powers  and  authority;  the  township 
trustees  and  township  clerks,  who  exercised  important 
duties  with  reference  to  the  levy  of  road  taxes  and  the 
making  out  of  the  tax  list ;  and  finally,  the  road  supervisors, 
who  were  engaged  either  in  actual  work  upon  the  highways 
or  in  the  supervision  of  the  same.  A  brief  statement  of  the 
duties  of  these  officers  and  boards  will,  as  already  suggest- 
ed, present  to  the  reader  a  cross  section  of  the  method  of 
road  administration  which  existed  at  that  time. 

The  board  of  supervisors  was  given  general  supervision 
over  the  highways  in  the  county  "with  power  to  establish 
and  change  them  as  herein  provided,  and  to  see  that  the  laws 


PERIOD  OF  TRANSITION  165 

in  relation  to  them  are  carried  into  effect."365  In  perform- 
ing this  work,  the  county  auditor  was  closely  associated  with 
the  board  of  supervisors.  Any  person  desiring  the  estab- 
lishment, vacation,  or  alteration  of  a  highway  was  required 
to  file  a  petition  in  the  auditor's  office  and  give  bond  with 
sureties  approved  by  the  auditor.  After  filing  the  petition 
and  bond  as  required  by  law,  the  county  auditor  appointed 
a  commissioner  to  view  the  road  and  make  a  report  on  the 
same. 

The  report  of  the  commissioner  being  placed  on  file,  the 
county  auditor  was  then  required  to  appoint  a  day  for  hear- 
ing complaints  and  claims  for  damages.  In  this  connection 
he  served  notices  on  each  owner  or  occupier  of  land  lying 
in  the  proposed  highway  or  abutting  thereon.  In  case  no 
objection  or  claims  for  damages  were  placed  on  file  within 
the  specified  time  and  the  auditor  was  satisfied  that  all  the 
provisions  of  the  law  had  been  complied  with,  he  was  vested 
with  authority  to  ' '  establish  such  highway  as  recommended 
by  the  commissioner  upon  the  payment  of  costs."366  If, 
however,  the  auditor  was  satisfied  that  notice  had  not  been 
served  and  published  in  a  legal  manner,  it  was  made  his 
duty  to  appoint  another  day  and  proceed  in  the  same  man- 
ner as  already  indicated.  In  other  words,  the  county  audi- 
tor under  certain  conditions  had  authority  to  establish 
highways. 

If  objections  were  made  or  claims  for  damages  filed,  the 
whole  question  was  postponed  and  brought  before  the  board 
of  supervisors  at  its  next  meeting.  Under  these  conditions 
the  county  auditor  appointed  "  three  suitable  and  disinter- 
ested electors  of  the  county  as  appraisers  to  view  the 
ground  on  a  day  fixed  by  him,  and  report  upon  the  amount 
of  damages  sustained  by  the  claimants".367  If  no  damages 
were  awarded,  the  applicant  was  obliged  to  pay  all  costs 
growing  out  of  his  application. 

The  code  stipulates  that  "when  the  time  for  final  action 


166       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

arrives,  the  board  of  supervisors  may  hear  testimony,  re- 
ceive petitions  for  and  remonstrances  against  the  estab- 
lishment, vacation,  or  alteration,  as  the  case  may  be,  of  such 
highway,  and  may  establish,  vacate,  or  alter,  or  refuse  to 
do  so,  as  in  their  judgment,  founded  on  the  testimony,  the 
public  good  may  require."368  The  board  might  also  in- 
crease or  diminish  the  damages  allowed  by  the  appraisers 
and  establish,  vacate,  or  alter  the  proposed  road,  condi- 
tioned upon  the  payment  either  in  whole  or  in  part  of  the 
damages  awarded.  After  the  establishment  of  the  high- 
way, the  plat  and  field  notes  were  filed  by  the  auditor  who 
directed  the  road  supervisors  to  open  and  work  the  road. 

Some  other  miscellaneous  provisions  concerning  the  lay- 
ing out  and  opening  of  roads  should  be  mentioned.  When 
established  along  or  across  a  county  line  concurrent  action 
of  the  respective  boards  of  supervisors  was  required;  and 
highways  thus  established  by  concurrent  action  could  be 
discontinued  only  in  the  same  manner.  Roads  might  also 
be  established  without  the  appointment  of  a  commissioner 
if  the  written  consent  of  all  owners  of  land  to  be  used  for 
that  purpose  was  first  filed  in  the  auditor's  office.  As  an 
additional  protection  of  individual  rights,  the  applicant  for 
damages  might  "  appeal  from  the  final  decision  of  the  board 
of  supervisors  to  the  circuit  court  of  the  county  in  which 
the  land  lies".369  Finally,  provision  was  made  for  the  re- 
survey  of  highways  in  cases  where  the  field  notes  had  been 
lost. 

In  order  to  make  the  supervision  of  roads  more  definite 
and  systematic  by  affording  more  accurate  information  to 
different  local  officials,  it  was  made  the  duty  of  the  county 
auditor  to  cause  every  highway  in  the  county  to  be  platted 
in  a  book  obtained  and  kept  for  that  purpose  and  known  as 
the  "Highway  Plat-book".  Each  township  was  platted 
separately  and  the  records  always  kept  up  to  date,  and 
copies  of  portions  of  the  plat-book  were  furnished  to  the 


PERIOD  OF  TRANSITION  167 

various  township  clerks  as  far  as  the  same  related  to  their 
respective  townships. 

As  noted  above,  the  township  trustees  possessed  a  large 
amount  of  power  with  reference  to  the  levy  of  taxes  for  the 
support  of  roads.  It  was  made  their  duty  to  determine  the 
amount  of  tax  "to  be  levied  for  highways,  bridges,  guide- 
boards,  plows,  scrapers,  tools,  and  machinery  adapted  to 
the  construction  and  repair  of  highways,  and  for  the  pay- 
ment of  any  indebtedness  previously  incurred  for  highway 
purposes  ".37°  The  amount  of  such  tax,  however,  was  not 
to  be  less  than  one  nor  more  than  five  mills  on  the  dollar. 
The  trustees  also  determined  whether  any  portion,  and  if 
so  what  part,  of  the  road  tax  should  be  paid  in  labor.  When 
it  is  remembered  that  the  same  officials  also  were  granted 
the  power  of  dividing  their  township  into  a  sufficient  num- 
ber of  road  districts,  of  settling  with  the  township  clerk 
and  township  supervisors  of  highways,  and  at  the  same  time 
of  determining  the  amount  of  a  general  road  fund  to  be 
used  for  certain  purposes  specified  by  law,  it  becomes  ap- 
parent that  the  township  was  the  really  important  unit  of 
local  government,  especially  when  viewed  from  the  stand- 
point of  road  finances. 

The  numerous  duties  of  the  township  clerk  are  also  care- 
fully defined  in  the  Code  of  1873.  Among  other  things  he 
was  required  to  furnish  each  road  supervisor  "with  a  copy 
of  so  much  of  the  map  or  plat  furnished  such  clerk  by  the 
auditor  as  relates  to  the  highways  in  the  district  of  such 
supervisor  ".371  Thus,  the  county  auditor  was  required  to 
keep  a  plat  or  road  map  of  the  entire  county;  the  various 
township  clerks  kept  on  file  plats  or  road  maps  of  their 
respective  townships ;  and  finally,  each  road  supervisor  was 
provided  with  a  similar  map  of  his  own  road  district.  The 
making  out  of  the  tax  list  in  a  manner  provided  by  law  was 
also  placed  in  the  hands  of  the  township  clerk,  who  deliv- 
ered the  same  to  the  road  supervisors  of  the  various  dis- 


168       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

tricts  x)f  his  township,  who  in  turn  had  full  authority  to 
collect  all  taxes  charged  against  resident  property  holders 
in  his  district.372 

As  has  been  suggested,  actual  work  on  the  highways  was 
under  the  direct  supervision  of  a  district  road  supervisor, 
each  township  being  divided  into  a  number  of  road  dis- 
tricts as  determined  by  the  township  trustees.  Thus  it  is 
seen  that  the  work  of  constructing  and  maintaining  roads 
and  highways  was  more  decentralized  from  the  standpoint 
of  administration  than  was  the  levy  of  taxes  for  road  pur- 
poses. The  office  of  district  road  supervisor,  created  in 
1853,  seemed  to  satisfy  the  democratic  tendencies  of  the 
people  who  were  very  anxious  to  preserve  the  largest  meas- 
ure of  what  they  believed  to  be  local  self-government. 

The  numerous  and  important  duties  of  the  road  super- 
visor are  outlined  with  much  detail  in  the  Code  of  1873. 
Among  other  things,  he  was  required  to  give  bond,  cause 
all  taxes  collected  by  himself  to  be  expended  in  a  man- 
ner provided  by  law,  collect  the  road  poll  tax,  give  notice  to 
all  persons  required  to  work  on  the  highways,  and  finally 
make  a  report  to  the  township  clerk.  The  character  of  the 
report  submitted  by  each  road  supervisor  to  the  township 
clerk  reveals  the  extent  to  which  the  actual  administration 
of  highways  had  become  a  local  function.373 

Aside  from  being  responsible  for  damages  caused  by  un- 
safe bridges  in  certain  cases  and  possessing  a  number  of 
miscellaneous  duties,  the  supervisors  were  required  to  meet 
the  township  trustees  for  the  purpose  of  settling  all  ac- 
counts connected  with  the  highway  fund,  "and  after  pay- 
ment of  the  supervisors,  the  trustees  shall  order  such 
distribution  of  the  fund  in  the  hands  of  the  township  clerk, 
as  they  may  deem  expedient  for  highway  purposes,  and  the 
clerk  shall  pay  the  same  out  as  ordered  by  the  trustees."374 

The  code  further  provides  certain  definite  rules  and  regu- 
lations regarding  ferries  and  bridges,  toll  bridges,  and  rail- 


PERIOD  OF  TRANSITION  169 

way  toll  bridges.  For  example,  the  board  of  supervisors 
was  vested  with  authority  to  grant  licenses  for  the  erection 
of  toll  bridges  across  any  water  courses  which  called  for  an 
expenditure  that  could  not  reasonably  be  met  by  the  rev- 
enues of  the  county.  In  such  cases  a  private  corporation 
constructing  a  toll  bridge  might  appropriate  as  much  pri- 
vate property  as  was  necessary  for  a  right-of-way  and  all 
approaches.  In  fact,  the  board  of  supervisors  possessed 
a  large  amount  of  authority  and  discretion  in  the  case  of 
ferries  and  toll  bridges.  Even  in  the  case  of  railway  toll 
bridges  across  the  Mississippi,  Missouri,  and  Big  Sioux 
rivers,  the  supervisors  might  designate  their  location. 

A  brief  analysis  of  the  road  legislation  contained  in  the 
Code  of  1873  would  be  incomplete  without  calling  attention 
to  certain  provisions  relating  to  the  control  of  highways, 
bridges,  streets,  and  public  squares  in  certain  cities.  The 
reader  will  recall  the  general  rule  or  plan  of  having  each 
city  constitute  a  road  district,  separate  and  distinct  from 
the  adjoining  rural  territory.375  The  reasons  for  this  rule 
are  sufficiently  obvious.  The  care  of  streets,  side-walks, 
alleys,  and  public  squares  in  cities  involves  very  different 
problems  than  does  the  administration  of  ordinary  wagon 
roads  in  the  country. 

The  organization  of  cities  into  separate  road  districts 
and  the  powers  granted  to  the  cities  are  thus  outlined  in  the 
code:  "The  city  council  shall  have  the  care,  supervision, 
and  control  of  all  public  highways,  bridges,  streets,  alleys, 
public  squares,  and  commons  within  the  city,  and  shall  cause 
the  same  to  be  kept  open  and  in  repair,  and  free  from  nui- 
sances; all  public  bridges  exceeding  forty  feet  in  length, 
over  any  stream  crossing  a  state  or  county  highway,  shall  be 
constructed  and  kept  in  repair  by  the  county  ",376  The  city 
council,  however,  might  appropriate  a  sum  not  exceeding 
ten  dollars  per  lineal  foot  to  aid  in  the  construction  of  any 
county  bridge  within  the  city  limits. 


170       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

No  fundamental  changes  were  made  in  the  general  ma- 
chinery of  road  administration  following  the  enactment  of 
the  Code  of  1873  until  the  session  of  1884.  In  fact,  the 
system  of  road  administration  at  the  present  time  is  sub- 
stantially the  same  as  it  was  forty  years  ago.  While  it  is 
true  that  amendatory  acts  have  been  passed  from  time  to 
time  these  measures  for  the  most  part  involve  matters  of 
detail  and  not  fundamental  principles. 

The  period  under  consideration  was  one  of  transition  and 
not  of  radical  changes.  This  is  especially  evident  from  the 
following  facts  and  circumstances :  first,  the  problem  of 
road  legislation  considered  as  a  whole  was  coming  to  be 
vastly  more  complex,  involving  the  principles  of  civil  en- 
gineering, economics,  and  sociology,  as  well  as  political 
science  and  administration;  second,  thinking  men  were  be- 
ginning to  recognize  the  fact  that  good  roads  and  well 
constructed  bridges  required  something  more  than  the  mere 
enactment  of  law;  and  finally,  the  decentralized  system  of 
administration  created  during  the  period  from  1853  to  1870 
was  gradually  proving  itself  to  be  out  of  harmony  with 
changed  economic  conditions.  In  other  words,  the  good 
roads  movement  was  soon  to  follow  with  its  emphasis  upon 
scientific  engineering,  sound  economic  principles,  and  the 
honest  and  efficient  administration  of  law. 

Governor  Cyrus  Clay  Carpenter  in  his  first  biennial  mes- 
sage on  January  23,  1874,  referred  to  the  necessity  of 
amending  the  road  law.  The  Governor  was  among  those 
who  had  a  great  deal  of  faith  in  the  principles  of  local  self- 
government  and  believed  that  the  amendment  of  road  legis- 
lation at  that  time  should  be  along  the  lines  of  even  greater 
decentralization.  "I  suggest  for  consideration'',  said 
Governor  Carpenter,  "  whether  it  would  not  be  well  to  make 
each  road-district  independent,  and  provide  that  the  people 
may  come  together  and  levy  a  tax  to  build  highways  as  the 
law  provides  they  may  do  to  build  school-houses.  ';  V  ; 


PERIOD  OF  TRANSITION  171 

If  one  enterprising  district,  for  the  honor  of  the  neighbor- 
hood, secures  good  roads,  the  adjoining  district  is  stim- 
ulated to  like  enterprise.  Contracts  let  to  competitors 
among  neighbors,  whose  reputation  in  the  neighborhood 
depends  upon  faithful  performance,  are  not  only  usually 
done  well  but  economically.  "377 

No  very  important  road  legislation,  however,  was  enacted 
in  1874.  Cities  and  towns  were  granted  authority  to  make 
contracts  with  any  railroad  or  other  private  company  for 
the  use  of  a  bridge  belonging  to  such  a  company  as  a  public 
highway,  assuming  at  the  same  time  responsibility  for  any 
damages  that  might  result  from  such  use.378  Another  stat- 
ute denned  the  penalties  for  obstructing,  defacing,  or 
injuring  any  public  road  or  highway.379  In  the  third  place, 
the  code  was  so  amended  as  to  give  the  township  clerk 
rather  than  the  county  auditor  authority  to  direct  the  super- 
visor of  highways  to  open  and  work  a  highway  after  the 
plat  and  field  notes  had  been  filed  as  provided  by  law.380 
Eailroad  corporations  were  granted  the  privilege  of  raising 
or  lowering  any  turnpike  road  or  other  highway  for  the 
purpose  of  having  its  railway  cross  over  or  under  the  same 
—  the  company,  however,  being  required  to  put  the  highway 
in  as  good  repair  and  condition  as  before  such  change  had 
been  made  at  the  place  of  crossing.381 

Finally,  the  Fifteenth  General  Assembly  authorized  the 
establishment  of  railways  or  highways  "from  any  stone- 
quarry,  coal,  lead,  or  other  mine".382  In  case,  however,  the 
owner  of  the  land  refused  to  grant  the  necessary  right-of- 
way,  or  could  not  agree  with  the  corporation  regarding  the 
price  thereof,  it  was  made  the  duty  of  the  county  sheriff 
upon  the  application  of  either  party  to  appoint  six  dis- 
interested freeholders  to  assess  the  damages  and  report  on 
the  same.  The  method  of  determining  and  awarding  dam- 
ages, the  giving  of  notice  to  residents  and  non-residents, 
and  other  necessary  details  were  governed  by  the  provisions 
of  the  Code  of  1873  which  have  already  been  noted. 


172       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Practically  nothing  was  accomplished  in  the  way  of 
fundamental  changes  in  the  general  system  of  road  adminis- 
tration during  the  legislative  session  of  1876.  The  laws 
which  were  passed  were  again  for  the  most  part  amendatory 
in  character  or  referred  to  certain  special  problems.  In 
other  words,  the  General  Assembly  was  endeavoring  to 
improve  roads  and  construct  bridges  by  the  mere  enactment 
of  detailed  laws.  Indeed,  the  people  were  very  slow  to 
realize  the  necessity  of  a  more  efficient  administration  of 
law  along  this  line  —  which  meant  that  their  chosen  repre- 
sentatives were  not  inclined  to  pass  constructive  measures. 
As  has  been  suggested,  this  was  a  period  of  transition  when 
some  beginnings  were  being  made,  but  when  nothing  very 
definite  was  accomplished. 

Among  the  amendments  passed  by  the  General  Assembly 
in  1876  was  one  dealing  with  the  question  of  penalty  for 
failure  to  work  on  the  highway  when  summoned  to  do  so  by 
the  road  supervisor.  The  Code  of  1873  gave  the  road  super- 
visor in  such  cases  the  authority  to  bring  action  before  any 
justice  of  the  peace  in  the  proper  town.383  The  amendatory 
act  strengthened  the  provision  of  the  code  by  requiring  that 
in  such  cases  "no  property  or  wages  belonging  to  said 
person  shall  be  exempt  to  the  defendant  on  execution.  "384 

Other  amendatory  acts  related  to  the  cutting  of  shade 
trees  on  unenclosed  lands,  county  appropriations  for 
bridges  in  certain  cases,  and  the  construction  of  cattle- 
ways  across  the  public  roads.  The  Code  of  1873  had  per- 
mitted the  road  supervisor  to  take  timber  or  other  material 
for  use  on  highways  from  any  unenclosed  lands  in  the 
vicinity  of  the  road,  but  had  prohibited  the  cutting  of  cer- 
tain growing  trees  which  did  not  obstruct  the  highway.385 
The  law  in  this  connection  was  strengthened  by  an  amend- 
ment which  provided  that  "it  shall  not  be  lawful  for  the 
supervisor  to  enter  upon  any  enclosed  or  unenclosed  lands 
for  the  purpose  of  taking  timber  therefrom  without  first 


PERIOD  OF  TRANSITION  173 

receiving  permission  from  the  owner  or  owners  of  said 
lands.  "386 

It  will  be  recalled  that  under  the  provisions  of  the  Code 
of  1873  the  board  of  supervisors  was  prohibited  from  order- 
ing the  erection  of  a  bridge,  when  the  probable  cost  of  the 
same  would  exceed  five  thousand  dollars,  until  the  propo- 
sition was  submitted  to  the  voters  of  the  county.  The  same 
statute,  however,  gave  the  board  of  supervisors  the  author- 
ity to  appropriate  a  sum  not  exceeding  forty  dollars  per 
lineal  foot  or  a  maximum  of  fifteen  thousand  dollars  for 
the  construction  of  certain  county  bridges.387  The  law  in 
this  connection  was  amended  by  adding  the  proviso  of  the 
county  bridge  law  of  1872,  which  stipulated  that  "in  any 
county  having  a  population  exceeding  fifteen  thousand,  said 
board  may  appropriate  as  aforesaid,  not  to  exceed  twenty- 
five  thousand  dollars."388 

An  act  relative  to  the  construction  of  cattle-ways  across 
public  highways  conferred  upon  the  board  of  supervisors 
the  authority  to  permit  the  construction  of  such  cattle-ways 
under  certain  conditions.  The  person  making  application 
for  this  privilege  was  required  to  construct  the  cattle-way 
at  his  own  expense  and  assume  the  responsibility  for  all 
damages  that  might  result  therefrom.  In  case  of  failure 
on  the  part  of  the  owner  to  keep  the  cattle-way  in  good 
condition  the  road  supervisor  made  all  necessary  repairs 
and  charged  the  same  to  the  owner  of  the  land.389 

The  session  of  the  General  Assembly  in  1878  was  also 
characterized  by  the  absence  of  any  definite  program  of 
reform  along  the  line  of  road  legislation.  Much  in  the  way 
of  criticism  was  expressed,  but  no  one  seemed  able  to 
formulate  a  constructive  policy.  According  to  a  petition 
signed  by  citizens  of  Jasper  County,  the  expense  and  dam- 
ages caused  by  establishing  roads  on  section  lines  should 
be  paid  by  the  counties  and  not  by  the  petitioners.390  An- 
other petition  demanded  the  levying  of  "the  Eate  of  Taxes 


174       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

in  advance  and  requiring  the  work  to  be  done  by  a  given 
time,  and  Setting  the  Settlement  as  early  as  the  first  of 
October/'  Governor  John  Henry  Gear  in  his  first  in- 
augural had  referred  to  the  fact  that  "the  present  method 
of  managing  our  public  roads  and  highways  is  neither  ef- 
ficient or  economical,  and  that  the  time  has  arrived  for  a 
change.  "391  While  the  Governor  lamented  the  condition 
of  the  highways,  especially  during  certain  seasons  of  the 
year,  and  emphasized  in  this  way  the  economic  importance 
of  good  roads,  no  constructive  program  of  reform  was 
suggested. 

Only  a  few  minor  changes  were  made  by  the  General 
Assembly  in  1878.  ' '  An  Act  to  Amend  Section  990,  Chapter 
2,  Title  7,  of  the  Code  of  1873  "  strengthened  the  law  regard- 
ing the  liability  for  damages  resulting  from  the  unsafe  or 
impassable  condition  of  bridges  or  portions  of  the  public 
highway.392  In  the  case  of  bridges  erected  or  maintained 
by  the  county  it  was  further  made  the  duty  of  the  road 
supervisor  to  inform  at  least  one  member  of  the  board  of 
supervisors  of  his  county  of  its  unsafe  condition.  Failing 
to  do  this  the  road  supervisor  himself  was  made  respon- 
sible for  any  damages  that  might  result  —  providing,  how- 
ever, that  "nothing  herein  contained  shall  be  construed  to 
relieve  the  county  from  liability  for  the  defects  of  said 
bridge."393  A  second  act  provided  that  county  line  bridges 
on  the  county  line  roads  might  be  constructed  wholly  within 
one  county  where  it  was  found  convenient  to  do  so.394 

Governor  Gear  in  his  first  biennial  message  called  the 
attention  of  the  General  Assembly  to  the  fact  that  the 
amount  of  road  tax  levied  by  the  boards  of  supervisors 
during  the  fiscal  year  1877-1878  as  shown  by  the  State 
Auditor's  report  was  $1,076,408.31.  Moreover,  this  large 
sum  did  not  represent  the  amount  of  tax  worked  out  on  the 
highways,  the  money  value  of  which  it  was  impossible  to 
compute.  The  Governor  suggested  that  nothing  added 


PERIOD  OF  TRANSITION  175 

more  to  the  convenience  of  the  people  than  a  good  system 
of  public  highways  and  declared  that  there  was  a  necessity 
for  some  definite  legislation  on  the  subject.  What  this  leg- 
islation should  be,  however,  was  not  indicated.  "I  am 
persuaded ",  said  Governor  Gear,  "that  a  judicious  ex- 
penditure of  much  less  than  one-half  the  amount  now  put 
upon  roads  would  give  us  far  better  returns. "395 

The  General  Assembly  in  1880  passed  the  usual  number 
of  minor  laws  and  amendatory  acts,  but  no  general  changes 
of  importance  were  made  in  the  system  of  road  administra- 
tion. Street  railway  companies  organized  under  the  laws 
of  the  State  were  granted  the  privilege  of  using  the  public 
highways  beyond  the  limits  of  the  city  where  the  road  was 
a  hundred  feet  wide  or  more.  The  company  constructing 
the  street  railway  was  required,  however,  to  keep  such 
highway  in  as  good  repair  and  condition  as  before  the 
railway  was  constructed.  It  was  further  made  the  duty  of 
the  railway  company  to  "pay  all  damages  sustained  by 
such  land  owners  by  reason  of  building  said  road,  which 
damages  shall  be  ascertained  and  paid  in  the  same  manner 
as  provided  for  taking  private  property  for  works  of  in- 
ternal improvement.  "396 

Another  law  required  boards  of  supervisors  in  certain 
cases  to  pay  cities  of  the  first  class  a  portion  of  the  county 
bridge  fund.  Where  any  bridge  or  bridges  exceeded  three 
hundred  feet  in  length,  and  for  which  the  city  was  indebted 
in  a  sum  not  less  than  one  hundred  thousand  dollars,  the 
board  of  supervisors  was  obliged  "to  annually  set  apart 
and  pay  to  such  city  out  of  the  bridge  fund  of  such  county 
the  whole  amount  of  bridge  tax  collected  on  the  taxable 
property  within  the  limits  of  such  city  for  that  year,  until 
such  indebtedness  shall  be  fully  paid".397  After  the  pay- 
ment of  the  indebtedness  the  bridge  was  to  become  free  to 
the  public. 

Other  road  laws  enacted  during  the  same  session  author- 


176       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

ized  towns  and  cities  of  under  ten  thousand  inhabitants  to 
set  aside  a  part  of  their  road  tax  to  be  used  in  the  construc- 
tion or  repair  of  highways  outside  of  and  "within  three 
miles  of  the  limits  of  such  incorporated  town  or  city";398 
required  the  county  treasurer,  when  turning  over  highway 
taxes  to  the  township  clerks,  to  furnish  to  each  clerk  a  state- 
ment showing  the  road  district  or  districts  to  which  the 
same  belonged;399  vested  the  county  boards  of  supervisors 
in  counties  free  from  debt  with  authority  to  use  surplus 
funds  in  making  improvements  on  the  highways  ' '  upon  the 
petition  of  one-third  of  the  resident  free  holders  of  any 
township  in  said  county";400  provided  that  persons  able  to 
work  who  asked  for  j5oor  relief  might  be  required  to  earn 
such  relief  "by  labor  on  the  public  highway  at  a  rate  of  not 
to  exceed  sixty-five  cents  per  day";401  changed  from  the  an- 
nual to  the  biennial  system  of  electing  certain  township 
officers,  including  district  highway  supervisors;402  and 
finally,  authorized  the  compilation  and  publication  of  the 
road  laws  and  the  distribution  of  the  same.403 

Not  more  than  twenty-five  per  cent  of  the  highway  tax  of 
any  town  or  city,  however,  could  be  used  in  improving  the 
roads  outside  of  the  corporate  limits.  In  counties  having 
a  surplus  the  board  of  supervisors  could  use  merely  this 
surplus  in  making  improvements  and  were  not  authorized 
to  run  the  county  into  debt  for  that  purpose.  In  such  cases 
the  work  was  also  let  by  contract  to  the  lowest  bidder.  The 
act  authorizing  the  compilation  and  publication  of  the  road 
laws  stipulated  that  twenty-five  thousand  copies  should  be 
printed,  bound  in  pamphlet  form,  and  distributed  by  the 
Secretary  of  State  to  the  county  auditors,  who  in  turn 
should  deliver  them  to  the  township  clerks,  who  should 
finally  hand  them  to  the  district  road  supervisors. 

While  little  of  a  constructive  character  was  being  accom- 
plished during  this  period,  sentiment  was  gradually  being 
crystalized  in  favor  of  good  roads.  Thinking  men  were 


PERIOD  OF  TRANSITION  177 

coming  to  realize  the  necessity  of  a  more  efficient  adminis- 
tration of  the  law.  It  is  an  axiom  verified  by  historical 
research  that  important  movements  which  comprehend 
changes  in  the  whole  system  of  local  government  move 
slowly.  About  1880  a  few  progressive  men  began  to  under- 
stand why  so  large  an  amount  of  money  was  being  annually 
expended  for  road  purposes  with  such  small  results.  In 
the  petitions  presented  to  the  General  Assembly,  in  the 
messages  and  proclamations  of  the  Governors,  and  in  other 
contemporary  source  materials  one  finds  for  the  first  time 
a  real  comprehensive  grasp  of  the  general  problem  of  road 
administration. 

For  example,  a  petition  signed  by  citizens  of  Warren 
County  and  submitted  to  the  General  Assembly  in  1882 
contains  the  following  suggestions :  first,  that  the  damages 
awarded  for  property  condemned  for  public  use  should  be 
paid  for  by  the  public  and  not  by  the  petitioners,  unless  in 
the  judgment  of  the  county  board  of  supervisors  the  pro- 
posed road  would  be  more  beneficial  to  the  petitioners  than 
to  the  public  generally;  second,  "that  the  work  should  be 
done  under  the  Supervision  of  the  Township  Supervisors  "; 
third,  that  the  poll  tax  should  be  fixed  by  law  and  the  prop- 
erty tax  levied  by  the  township  trustees  and  "Collected  all 
in  money  and  Paid  over  to  the  authorities  of  the  Township 
where  assessed ";  and  fourth,  that  persons  be  permitted  to 
work  in  lieu  of  paying  money  by  making  an  agreement  with 
the  road  supervisor.404  Evidently  the  petitioners  in  this 
case  were  impressed  not  only  with  the  importance  of  paying 
road  taxes  in  money  rather  than  in  labor,  but  also  with  the 
necessity  of  enlarging  the  unit  of  local  administration  by 
making  it  the  township  rather  than  the  road  district. 

In  his  second  biennial  message  Governor  Gear  spoke  in 
very  definite  terms  concerning  the  subject  of  public  high- 
ways. Up  to  this  time  he  had  been  satisfied  with  lamenting 
the  impassable  condition  of  highways  and  indulging  in  gen- 

12 


178       HISTORY  OF  EOAD  LEGISLATION  IN  IOWA 

eralizations.  But  now,  after  referring  to  the  fact  that 
business  was  frequently  brought  almost  to  a  standstill  by 
the  condition  of  the  roads,  the  Governor  declared : 

The  present  system  of  working  the  roads  by  a  headless  and  almost 
aimless  army  of  over  ten  thousand  supervisors  is  radically  unsound. 
The  infinitesimal  road  districts,  with  their  attendant  dissipation  of 
responsibility  and  utter  want  of  system,  along  with  the  practice  of 
paying  taxes  with  what  is  called  labor  on  the  roads,  ought  to  be 
remorselessly  annihilated.  Of  the  half  million  dollars  collected  for 
road  purposes  throughout  the  State,  a  far  larger  proportion,  it  may, 
I  think,  be  safely  said,  is  wasted  than  of  any  other  amount  of  money 
collected  in  this  State  for  any  purpose  whatever. 

Governor  Gear  at  this  time  was  not  even  satisfied  with 
pointing  out  the  character  of  our  highways  and  stating  the 
reasons  for  the  same,  but  he  actually  suggested  a  definite 
constructive  program  of  reform  by  saying  that  "the  pay- 
ment of  all  taxes  in  money  and  the  consolidation  and 
systemization  of  the  work  on  the  roads  under  intelligent 
management,  would  be  as  productive  of  good  results  here 
as  it  has  been  in  other  States/'405 

Governor  Buren  Eobinson  Sherman,  in  his  first  in- 
augural address,  likewise  had  something  definite  to  say 
regarding  the  problem  of  the  roads.  He  referred  to  the 
necessity  of  a  complete  revision  of  the  road  laws,  stated  that 
the  l  i  sorry  condition  of  the  highways ' '  seriously  interfered 
with  the  business  of  the  people,  and  suggested  that  the 
large  amount  of  tax  levied  for  road  purposes  was  sufficient, 
if  properly  expended,  "to  bring  a  handsome  return  in  im- 
proved ways. ' '  He  considered  that  the  careless  supervision 
or  piecemeal  system  of  administration  was  primarily  re- 
sponsible for  the  fact  that  no  real  progress  had  been  accom- 
plished; and,  following  the  example  of  his  predecessor,  he 
ventured  some  definite  recommendations.  "I  believe ", 
said  the  Governor,  "a  betterment  would  result  if  the  road 
taxes  were  payable  in  money  as  other  taxes,  and  the  ex- 


PERIOD  OF  TRANSITION  179 

penditure  made  under  authority  of  a  township  road-master 
who  should  be  held  to  the  same  rigid  accountability  for 
faithful  service  as  other  officers."406 

The  session  of  1882,  although  barren  of  constructive 
legislation,  was  nevertheless  characterized  by  an  earnest  ef- 
fort in  both  the  Senate  and  the  House  of  Representatives  to 
make  important  changes  in  the  road  laws.  At  least  ten  bills 
were  presented  in  the  House  and  two  in  the  Senate,  which 
proposed  fundamental  and  radical  changes  in  the  whole 
system  of  highway  administration.  In  the  House  the  Com- 
mittee on  Roads  and  Highways  held  numerous  meetings 
and  endeavored  to  reach  a  compromise  in  the  form  of  a 
substitute  measure.  Notwithstanding  the  development  of  a 
radical  difference  of  opinion,  a  substitute  signed  by  seven 
members  of  the  committee  was  finally  reported  —  although 
a  minority  report  was  also  presented.407  The  distinct  fea- 
tures of  the  committee  substitute,  or  majority  report,  were 
as  follows : 

1st.  Each  civil  township  constituted  one  road  district;  corpora- 
tions exempted  from  the  operations  of  the  bill. 

2d.  Township  road  masters  appointed  by  the  Board  of  Trustees, 
and  to  serve  in  that  capacity  from  April  to  October,  each  year. 

3d.  All  road  taxes,  except  poll  taxes,  to  be  paid  in  money  and 
collected  by  the  County  Treasurer. 

4th.  The  Boards  of  Township  Trustees  to  have  directory  author- 
ity in  all  matters  pertaining  to  the  public  highways  in  their  respec- 
tive townships,  and  to  act  as  Supervisors  of  the  township  road 
district  from  October  to  April  each  year.408 

It  appears  that  the  committee  substitute  was  a  very  elab- 
orate measure  which  comprised  thirty-three  sections  and 
outlined  in  detail  the  duties  of  the  township  trustees,  road 
master,  and  township  clerk  with  reference  to  the  super- 
vision of  public  highways.  Strenuous  opposition  was  made 
to  this  bill,  especially  to  those  provisions  which  required 
the  appointment  of  a  township  road  master  and  the  payment 


180       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

of  all  property  road  taxes  in  money.  The  substitute  having 
been  made  a  special  order  for  March  13th  it  was  again 
referred  to  the  Committee  on  Roads  and  Highways  with  in- 
structions "to  report  additional  provisions  to  the  bill  leav- 
ing it  to  civil  townships  to  determine  by  vote  as  to  whether 
they  will  accept  the  provisions  of  the  substitute,  before  any 
township  shall  be  affected  thereby. "409  This  action  being 
taken  only  three  days  before  the  close  of  the  session  and 
with  the  radical  differences  of  opinion  which  prevailed  in 
the  House  at  that  time,  it  was  impossible  to  redraft  the 
measure.  Accordingly,  the  Committee  on  Eoads  and  High- 
ways submitted  the  following  report  on  March  14th : 

We  find  after  a  careful  consideration  of  the  provisions  of  the 
resolution  instructing  the  committee,  that  to  so  amend  the  bill  as  to 
incorporate  the  provisions  of  said  instructions  would  involve  so 
many  changes  as  to  make  it  practically  impossible  for  want  of  time, 
and  would  recommend  the  adoption  of  the  substitute  with  such 
changes  as  the  House  may  see  proper  to  make.410 

The  sifting  committee  which  had  already  been  appointed 
was,  however,  opposed  to  so  radical  a  change  and  therefore 
no  action  was  taken  on  the  substitute. 

In  the  Senate,  where  two  important  bills  were  introduced 
along  the  same  line  —  one  by  Senator  Martin  Garber  and 
the  other  by  Senator  Samuel  D.  Nichols  —  even  greater 
opposition  was  manifested.411  After  being  referred  to  the 
Committee  on  Highways,  reported  back  without  recom- 
mendation, and  re-referred  to  the  same  committee,  it  was 
finally  recommended  that  the  bills  "be  indefinitely  post- 
poned, for  the  reason  that  the  committee  consider  that  they 
have  not  time  to  perfect  the  bill,  and  for  the  further  reason 
that  a  part  of  the  committee  are  radically  opposed  to  the 
measures  of  the  bill."412 

Thus  ended  the  first  real  effort  to  provide  for  the  pay- 
ment of  all  property  road  taxes  in  money  and  at  the  same 
time  to  make  the  civil  township  a  more  important  unit  of 


PERIOD  OF  TRANSITION  181 

local  government  from  the  standpoint  of  road  administra- 
tion. But  progress  was  made  in  that  a  foundation  was 
being  laid  for  some  real  constructive  legislation  at  the  fol- 
lowing session  of  the  General  Assembly. 

Only  a  few  supplementary  acts  dealing  with  the  subject 
of  roads  were  passed  at  the  session  in  1882.  For  example, 
the  board  of  school  directors  was  authorized  to  obtain,  at 
the  expense  of  the  district,  such  highways  as  were  deemed 
necessary  for  proper  access  to  the  schoolhouse.413  Town- 
ships, incorporated  towns,  and  cities  (including  those  act- 
ing under  special  charters)  were  granted  authority  by  vote 
of  the  people  at  a  special  election  to  aid  in  the  construction 
of  county  bridges.  It  was  provided  further  that  "the  ag- 
gregate amount  of  tax  to  be  voted  or  levied  under  the  pro- 
vision[s]  of  this  act  in  any  township,  incorporated  towns, 
or  city,  shall  not  exceed  five  per  centum  of  the  assessed 
value  of  the  property  therein,  respectively,  nor  shall  it  ex- 
ceed one-half  the  estimated  cost  of  the  bridge  sought  to  be 
aided  as  fixed  by  the  board  of  supervisors.  "414 

In  conclusion,  the  following  table,  compiled  from  the  re- 
ports of  the  Auditor  of  State,  will  serve  to  show  the  amount 
of  revenue  raised  for  road  and  bridge  purposes  during  the 
period  under  consideration: 

TABLE  I 

ROAD  AND  BEIDGE  REVENUES  1870-1882 

YEAR  BRIDGE  TAX       EOAD  TAX 

1870 $  618,884.11  $268,137.46 

1871 695,781.74  348,092.82 

1872 705,445.61  360,700.95 

1873 672,300.47  414,610.48 

1874 680,255.29  458,488.27 

1875 839,668.79  443,449.48 

1876 952,948.10  438,206.88 

1877 946,788.08  532,732.27 

1878 856,338.81  543,676.04 

1879 764,747.12  394,332.30 

1880 828,442.40  447,047.00 

1881 970,238.08  486,454.36 

1882 1,089,294.92  477,389.95 


182       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

It  should  be  noted,  however,  that  the  amounts  indicated 
in  the  above  table  do  not  include  the  road  tax  paid  in  labor. 
It  does  not  appear  that  the  amount  of  road  tax  paid  in  labor 
has  ever  been  reported  even  to  the  county  auditors  in  the 
respective  counties,  and  hence  it  is  impossible  to  estimate 
the  amount  of  tax  thus  worked  out  on  the  roads. 

The  period  from  1870  to  1883  was  characterized  by  legis- 
lation along  the  following  lines :  first,  the  change  from  the 
supervisor  to  the  commissioner  system  of  county  govern- 
ment which  had  a  direct  bearing  on  the  general  subject  of 
road  and  bridge  administration;  second,  a  separate  and 
distinct  body  of  acts  relating  to  bridges,  bridge  funds,  and 
the  fixing  of  responsibility  for  damages  sustained  as  the 
result  of  unsafe  bridges ;  and  third,  a  distribution  of  road 
taxes  as  between  the  cities  and  the  rural  districts.  Regard- 
ing the  last  point,  it  will  be  recalled  that  cities  and  towns 
were  vested  with  authority  to  levy  taxes  for  the  improve- 
ment of  the  public  highways  within  three  miles  of  the  cor- 
porate limits.  This  law  and  one  granting  townships,  towns, 
and  cities  the  authority  to  levy  a  tax  for  a  county  bridge 
fund  were  an  important  recognition  of  the  well  known  fact 
that  from  an  economic  standpoint  the  value  of  a  road  is  not 
confined  to  the  small  local  district  in  which  it  is  situated 
and  therefore  its  financial  support  should  come  partly  at 
least  from  a  larger  or  neighboring  jurisdiction. 

The  new  plan  of  county  government,  which  was  nominally 
the  supervisor  but  in  reality  the  commissioner  system,  rep- 
resented a  compromise  between  the  county  judge  and  the 
county  board  of  township  supervisors.  The  name  "  super- 
visor" was  retained,  and  the  number  of  supervisors  by  vote 
of  the  people  of  the  county  might  be  increased  to  five  or 
seven  as  concessions  to  the  advocates  of  the  township- 
county  principle  of  county  organization.  The  county  board 
of  supervisors  or  commissioners  being  organized  on  a 


PERIOD  OF  TRANSITION  183 

county  basis,  the  line  of  demarcation  between  the  sphere  of 
the  township  and  the  county  in  local  government  was  des- 
tined to  become  more  distinct  and  clearly  defined.  More- 
over, it  would  be  reasonable  to  expect  a  greater  separation 
of  township  and  county  functions  in  the  future  as  a  result 
of  the  commissioner  system,  on  the  one  hand,  and  changed 
economic  conditions,  on  the  other. 

As  a  concrete  example  of  this  point  one  may  cite  the  act 
authorizing  the  appropriation  of  money  for  a  county  bridge 
fund.  It  will  be  recalled  that  the  General  Assembly  in  1872 
vested  the  board  of  supervisors  of  any  county  having  a 
population  of  more  than  fifteen  thousand  with  power  to  ap- 
propriate for  the  construction  of  any  one  bridge  a  sum  not 
exceeding  forty  dollars  per  lineal  foot,  the  total  appropria- 
tion not  to  exceed  twenty-five  thousand  dollars. 

Finally,  the  period  under  consideration  was  essentially 
one  of  transition.  There  was  a  gradual  recognition  of  the 
fact  that  roads  and  bridges  are  quite  as  important  from  the 
standpoint  of  economics  and  civil  engineering  as  from  the 
standpoint  of  political  science  and  administration.  The 
wastefulness  and  inefficiency  of  the  existing  system  was 
recognized  by  both  Governor  Gear  and  Governor  Sherman 
and  emphasized  by  a  substantial  minority  of  the  members 
of  the  General  Assembly  in  the  session  of  1882.  In  fact,  the 
Nineteenth  General  Assembly,  while  practically  barren  of 
constructive  road  legislation,  marked  out  the  real  begin- 
nings of  a  reform  movement  along  the  following  lines :  first, 
the  payment  of  property  road  taxes  in  money;  second,  the 
desirability  of  appointing  a  township  supervisor  of  roads  or 
a  township  road  master  for  at  least  a  short  period  of  time 
each  year,  thus  recognizing  the  necessity  of  abolishing  the 
small  road  district  and  making  the  civil  township  a  more 
important  unit  of  highway  administration;  and  finally,  an 
enlargement  of  the  power  and  authority  of  the  county, 
especially  from  a  financial  standpoint. 


VIII 

THE  GOOD  ROADS  MOVEMENT 
1883-1904 

For  reasons  partially  suggested  in  the  preceding  chapter 
the  session  of  the  General  Assembly  in  1884  marked  the 
beginning  of  an  important  era  in  the  history  of  road  legis- 
lation in  Iowa.  During  the  winter  of  1882-1883  the  public 
highways  had  been  in  an  almost  impassable  condition  —  a 
fact  which  very  naturally  stimulated  an  active  interest  in 
the  demand  for  radical  changes  in  the  road  laws  and  the 
general  system  of  highway  administration.  Indeed,  this 
aroused  popular  interest  was  largely  responsible  for  the 
calling  of  what  seems  to  have  been  the  first  State  road  con- 
vention held  in  Iowa. 

A  communication  entitled  Public  Highways  in  Iowa, 
written  by  Mr.  S.  D.  Pryce  of  Iowa  City  and  sent  to  the 
Iowa  State  Register  under  date  of  January  3,  1883,  con- 
tributed in  no  small  degree  to  the  education  of  the  public 
regarding  the  value  of  an  improved  system  of  highways. 
Mr.  Pryce 's  communication  was  reprinted  in  almost  every 
section  of  the  State  and  became  in  a  large  measure  the 
basis  of  the  good  roads  movement  which  led  to  the  calling 
of  a  State  road  convention  in  March,  1883.  "To  Capt. 
Pryce,  especially,  and  in  a  large  measure  to  other  energetic 
gentlemen  in  Iowa  City",  wrote  the  editor  of  the  Iowa  City 
Weekly  Republican,  "is  due  the  credit  of  working  up  an 
interest  in  the  desired  and  much  needed  change  in  the 
manner  of  working  the  public  highways. ' ' 

The  Pryce  communication  was  in  fact  a  very  progressive 
document,  discussing  the  road  question  from  the  stand- 

184 


THE  GOOD  ROADS  MOVEMENT  185 

point  both  of  engineering  and  political  science.  Among 
other  points  Mr.  Pryce  called  attention  to  the  following: 
first,  the  great  economic  loss,  especially  to  the  farmers, 
resulting  from  bad  roads ;  second,  the  fact  that  Iowa  ranked 
first  as  an  agricultural  State  and  yet  possessed  the  "  highest 
per  cent  of  poor  roads  of  any  country  this  side  of  the  swing- 
ing worlds ' ' ;  third,  the  folly  of  working  public  highways  in 
the  fall  of  the  year,  the  result  being  similar  to  the  ' i  fate  of 
the  Daughters  of  Danaas  in  the  fable,  who  were  compelled 
to  the  endless  task  of  filling  bottomless  buckets  with  wa- 
ter ";  fourth,  the  necessity  of  "graded,  tile-drained,  gravel, 
or  macadamized "  roads,  depending  upon  the  topography 
and  road  material  which  might  exist  in  any  particular  sec- 
tion; and  fifth,  the  wastefulness  and  inefficiency  of  the 
system  of  paying  road  taxes  in  labor.  "In  so  far  as  these 
laws  [road  laws]  provide  for  commutation  of  tax  by  labor", 
said  Mr.  Pryce,  "they  are  absolutely  worthless  and  should 
be  repealed. ' J 

In  conclusion  Mr.  Pryce  recommended  the  following  def- 
inite changes  in  the  road  laws:  (1)  the  repeal  of  the  pro- 
vision allowing  the  commutation  of  road  taxes  in  labor;  (2) 
a  general  and  uniform  tax  of  five  mills  for  road  purposes 
levied  upon  the  assessed  valuation  of  each  township  and 
paid  into  the  county  treasury;  (3)  the  appointment  by  the 
Governor  of  a  highway  commissioner  in  each  county,  who 
should  commence  the  building  of  public  highways  through- 
out each  county;  and  (4)  "the  building  of  roads  to  be  let  by 
contract  to  responsible  parties,  and  the  drains  and  grades 
to  be  placed  under  the  supervision  of  a  competent  civil 
engineer."  These  suggestions  make  the  communication 
read  very  much  like  a  modern  document.  Indeed,  it  is  a 
significant  fact  that  most  of  the  reforms  suggested  by  Mr. 
Pryce  have  not  yet  been  realized  and  are  now  being  advo- 
cated by  the  State  Highway  Commission  and  endorsed 
by  friends  of  the  good  roads  movement  throughout  the 


186       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

State.'  If  the  future  may  be  measured  by  the  past,  it  will 
probably  still  require  many  years  to  write  into  law  the 
dreams  of  some  of  the  progressive  men  who  assembled  in 
the  State  Eoad  Convention  at  Iowa  City  thirty  years  ago.415 

With  regard  to  the  State  Eoad  Convention  it  appears 
that  the  Iowa  City  Board  of  Trade,  largely  through  the  ef- 
forts of  Mr.  Pryce,  extended  a  cordial  invitation  "to  the 
Boards  of  Trade,  Boards  of  Supervisors,  City  and  Town 
Councils,  Farmers'  Clubs  and  kindred  organizations,  to 
send  delegates  to  a  State  Eoad  Convention,  to  assemble  in 
Iowa  City,  March  1  and  2  to  consider  the  improvements  of 
the  public  roads,  and  to  devise  means  for  a  change  in 
the  laws  and  governing  the  working  of  public  highway s."416 
At  the  appointed  time  the  convention  assembled  in  the 
Opera  House,  and  after  the  reading  of  the  call  by  Captain 
H.  W.  Fyffe,  Secretary  of  the  Iowa  City  Board  of  Trade, 
Hon.  John  Scott  was  made  chairman  of  the  convention  by  a 
unanimous  vote.  Then  followed  the  introduction  of  Gov- 
ernor Kirkwood,  who  delivered  a  short  address  of  welcome 
in  which  he  called  attention  to  the  importance  of  a  better 
system  of  highways  and  emphasized  the  practical  difficulties 
in  the  way  of  bringing  about  a  general  revision  of  the  road 
laws. 

"I  have  lived  in  three  States",  said  Governor  Kirkwood, 
*  '  and  have  worked  for  the  road  laws,  and  they  are  substan- 
tially the  same,  and  the  roads  are  just  about  as  bad.  The 
system  is  an  old  one,  and  you  will  find  it  harder  to  change 
than  you  perhaps  imagine  it  to  be.  It  will  not  be  sufficient 
that  you  here  lay  down  a  system  that  you  think  should  take 
the  place  of  the  existing  system.  You  will  find  the  legis- 
lators in  both  branches  slow  to  move  and  they  must  be 
moved  upon;  you  will  find  that  organized  action  produces 
its  results  in  legislative  bodies  both  State  and  National." 
In  the  light  of  the  history  of  road  legislation  since  1883  it 
will  be  admitted  that  the  venerable  Governor  gave  the  con- 
vention some  very  sound  advice. 


THE  GOOD  ROADS  MOVEMENT  187 

Chairman  Scott  replied  to  the  address  of  welcome  in  a 
brief  but  enthusiastic  speech.  He  referred  to  the  vast  sums 
of  money  which  had  been  expended  in  the  building  of  rail- 
roads, first  to  reach  the  extensive  and  fertile  region  of  the 
Mississippi  Valley  and  later  the  Pacific  Coast  —  and  yet 
these  main  thoroughfares  of  steel  represented  only  a  part 
of  the  whole  system  of  transportation  throughout  the 
Union.  Finally,  Mr.  Scott  favored  better  highways  and  a 
better  system  in  locating  highways,  building  bridges,  and 
grading  roads  in  order  to  obtain  ' '  a  public  highway  system 
that  shall  supplement  our  railroad  system." 

At  the  close  of  the  introductory  addresses  Mr.  H.  S. 
Fairall  of  Johnson  County  was  elected  secretary  and  Mr. 
T.  H.  Palmer  of  What  Cheer  assistant  secretary  of  the 
convention.  Committees  on  credentials,  resolutions,  and 
permanent  organization  were  also  appointed. 

After  the  offering  of  a  number  of  resolutions  Senator 
Pliny  Nichols  of  Muscatine  County  read  a  most  instructive 
paper  on  Practical  Reform  in  Our  Road  Laws.  While  rec- 
ognizing that  there  was  some  necessity  for  the  permanent 
improvement  of  the  main  thoroughfares  —  for  example,  the 
building  of  macadamized  roads  —  Mr.  Nichols  declared  that 
the  principal  business  of  the  convention  was  to  devise  ways 
and  means  of  providing  a  better  system  of  wagon  roads. 
Governor  Gear  and  Governor  Sherman,  he  said,  had  both 
called  attention  to  the  inefficiency  and  wastefulness  of  the 
small  road  district  plan  and  suggested  the  desirability  of 
a  complete  revision  of  the  statutes  dealing  with  highways 
and  bridges. 

The  Senator  then  proceeded  to  give  a  brief  history  of  the 
efforts  to  secure  legislation  in  the  session  of  1882 ;  and  fol- 
lowing the  example  of  Governor  Kirkwood  he  pointed  out 
very  definitely  the  practical  difficulties  in  the  way  of  any 
thorough  and  scientific  reform  along  this  line.  During  that 
session  ten  bills,  he  said,  had  been  introduced  in  the  House 


188       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

of  Representatives  and  referred  to  the  Committee  on  Roads 
and  Highways.  Not  finding  any  of  the  proposed  measures 
entirely  satisfactory,  a  majority  of  the  committee  under- 
took the  task  of  combining  into  one  committee  substitute 
the  best  features  of  all  the  bills  that  had  been  presented.  In 
considering  this  substitute  measure  the  committee  had 
"met  oftener  and  remained  in  session  longer  than  scarcely 
any  other  committee  of  the  House ",  taking  up  point  by 
point  all  the  different  sections  of  the  bill.  The  majority  and 
minority  reports  of  the  Committee  on  Roads  and  Highways 
—  already  noted  in  the  preceding  chapter  —  revealed,  in 
the  opinion  of  Mr.  Nichols,  the  great  difficulty  in  the  way  of 
securing  a  thorough  revision  of  the  road  laws. 

In  reviewing  the  arguments  which  had  defeated  good 
road  legislation,  Senator  Nichols  emphasized  especially  the 
objection  to  the  payment  of  all  road  taxes  in  money.  The 
farmers  in  many  sections  of  the  State,  it  was  alleged,  were 
already  paying  taxes  on  two  or  three  times  what  they  were 
really  worth  —  considering  the  heavy  mortgages  against 
their  live  stock  and  real  estate  —  and  they  believed  that  the 
proposed  reform  would  simply  add  to  their  burdens. 
Strenuous  opposition  had  also  manifested  itself  against  the 
employment  of  a  township  road  superintendent  for  so  long 
a  period  and  against  the  payment  of  fees  to  township  trus- 
tees and  county  treasurers  for  the  collection  of  road  taxes 
on  a  money  basis. 

Thus  the  experience  of  the  Nineteenth  General  Assembly 
had  made  very  evident  the  necessity  of  advocating  reforms 
on  an  evolutionary  basis.  And  so  Senator  Nichols  observed 
that  '  '  any  measure  of  reform  in  our  present  system  of  road 
laws,  to  insure  its  success  in  the  Legislature,  in  my  opinion, 
must  have  local  option  applied,  either  to  the  measure  as  a 
whole  or  to  a  considerable  portion  of  the  features  of  its 
makeup.  Then  if  local  option  be  incorporated  into  the 
measure,  it  must  be  so  sugar-coated  that  the  people  will 


THE  GOOD  ROADS  MOVEMENT  189 

take  the  pill  when  offered  to  them,  otherwise  it  had  better 
not  incTimber  our  statute  books." 

While  an  advocate  of  reform  Senator  Nichols  believed  in 
proceeding  along  conservative  lines.  In  his  opinion,  Iowa 
was  not  ready  for  the  improved  system  of  highways  which 
existed  in  Ohio  under  county  supervision  and  control.  The 
people,  however,  were  ready  for  substantial  improvements, 
and  he  thought  that  they  should  make  their  wants  known. 
He  favored  the  one-district  plan,  with  the  division  of  the 
township  into  four  sub-districts  for  road  purposes  and  the 
appointment  of  a  road  supervisor  for  each  district.  Funds 
were  not  available  in  his  judgment  for  employing  a  town- 
ship superintendent  except  for  a  very  short  period  of  time. 
If  there  was  too  much  superintending  there  would  be  no 
funds  left  for  actual  road  work.  By  employing  a  township 
road  superintendent  for  a  short  time  and  having  four  sub- 
district  road  supervisors  appointed  by  the  township  trus- 
tees, he  believed  that  a  more  efficient  and  economical  admin- 
istration of  township  funds  would  be  realized.  On  this 
point  Mr.  Nichols  spoke  specifically  as  follows : 

With  one  road  district  for  each  civil  township,  we  should  have 
better  instruments,  but  would  not  have  so  many  of  them.  With  one 
road  district,  we  should  have  more  head  work,  skill,  and  would  get 
more  and  better  road  work  done  for  the  same  money.  Work  would 
be  of  uniform  excellence  throughout  the  township,  and  railroad  and 
all  other  road  taxes  would  be  applied  where  most  needed,  and  where 
they  would  do  the  most  good  in  the  township. 

The  reports  of  the  various  committees417  followed  the 
address  of  Senator  Nichols.  The  Committee  on  Credentials 
showed  that  two  hundred  and  fifty  delegates  were  present, 
representing  thirty-nine  counties  of  the  State.  The  Com- 
mittee on  Permanent  Organization  reported  in  favor  of 
organizing  a  State  road  improvement  association,  and  out- 
lined the  work  which  such  an  organization  should  perform. 
Believing  that  much  better  results  could  be  accomplished 


190       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

through  organized  effort,  the  committee  recommended  the 
desirability  of  forming  county  road  improvement  associa- 
tions. In  a  word,  State  officials  were  provided  for  and  a 
general  plan  for  organized  effort  in  promoting  the  good 
roads  movement  was  definitely  formulated. 

The  report  of  the  Committee  on  Resolutions  is  significant 
from  the  standpoint  of  the  present  reform  movement ;  for  it 
is  a  striking  fact  that  the  document  contains  most  of  the 
recommendations  which  are  now  being  made  by  the  State 
Highway  Commission.  The  report  as  originally  presented 
was  as  follows : 

Resolved,  1st.  That  it  is  the  sense  of  this  Convention  that  all  road 
taxes,  except  the  poll  tax,  be  paid  in  money. 

2d.     That  the  District  Supervisor  system  be  abolished. 

3d.  That  the  county  surveyor  in  each  county  shall  be  the  Bridge 
and  Road  Commissioner. 

4th.  That  each  township  shall  elect  a  township  road  master,  who 
shall  have  charge  of  the  road  work  in  his  township  under  the  Com- 
missioner, and  may  expend  the  poll  tax  for  necessary  repairs. 

5th.  The  road  work  shall  be  let  by  contract  to  the  lowest  re- 
sponsible bidder. 

In  view  of  the  fact  that  the  payment  of  road  taxes  in 
money,  the  repeal  of  the  district  supervisor  system  and  the 
substitution  of  the  township  system,  and  the  letting  of  con- 
tracts to  the  lowest  responsible  bidder  were  all  advocated 
in  1883,  it  is  apparent  that  the  good  roads  movement  may 
be  said  to  have  originated  at  that  time.  The  State  Road 
Convention  of  1883,  assuming  a  decidedly  progressive  atti- 
tude, inaugurated  a  far-reaching  movement  for  reform. 

Resolutions  one  and  two  were  adopted  after  a  brief  de- 
bate, although  some  members  of  the  convention  favored  the 
payment  even  of  poll  taxes  in  money.  The  third  resolution, 
however,  called  forth  a  very  general  discussion.  Mr. 
Palmer  offered  the  following  substitute:  "That  the  Board 
of  Supervisors  be  empowered  to  engage  a  suitable  and  com- 


THE  GOOD  ROADS  MOVEMENT  191 

petent  man  to  have  charge  of  the  public  highways  within 
the  county,  and  require  sufficient  bonds  for  the  faithful  and 
able  manner  of  doing  the  work/7  Mr.  McFarland,  on  the 
other  hand,  presented  a  more  conservative  substitute: 
"Resolved,  That  there  shall  be  elected  in  each  township, 
one  commissioner  to  supervise  the  working  of  the  roads ", 
which  was  adopted  as  resolution  number  three. 

The  fourth  resolution  was  promptly  stricken  out.  This 
was  followed  by  an  effort  to  defeat  the  fifth  resolution.  In 
fact  Senator  Nichols  offered  the  following  substitute: 
"Resolved,  That  road  work  in  the  township  shall  be  done 
under  the  direction  of  the  township  trustees."  The  pro- 
posed substitute  was  lost,  and  the  fifth  resolution  was 
finally  adopted,  requiring  the  letting  of  contracts  to  the 
lowest  responsible  bidder. 

During  the  course  of  the  session,  which  lasted  for  two 
days,  other  resolutions  were  adopted  dealing  largely  with 
the  question  of  organization  and  the  methods  which  should 
be  followed  in  order  to  obtain  desirable  road  legislation.  A 
resolution  presented  by  Mr.  Ambler  provided  that  the  board 
of  supervisors  of  the  several  counties  should  take  charge  of 
public  road  work  "  where  extraordinary  expenditure  is  re- 
quired "  and  improve  such  roads  by  tiling,  macadamizing, 
or  some  other  practicable  method.  Mr.  W.  P.  Payne  of 
Story  County  offered  a  resolution  which  was  adopted  urg- 
ing the  necessity  of  "intelligent,  directive  and  general 
supervision  of  road  building  and  repairing  in  harmony  with 
the  recommendation  already  made. ' ' 

In  concluding  this  account  of  the  epoch-making  State 
Eoad  Convention  of  1883,  brief  reference  should  be  made  to 
a  paper  read  by  Mr.  L.  S.  Coffin,  in  whose  judgment  good 
roads  were  very  desirable.  He  thought,  however,  that  the 
people  of  the  cities  and  towns  ought  to  bear  their  share  of 
the  expense.  The  farmers,  he  maintained,  were  already 
paying  "three-quarters  of  all  the  taxes  that  run  the  gov- 


192       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

ernm&nt"  and  were  obliged  to  pay  taxes  on  all  their  farm 
lands  and  improvements  although  they  might  be  mortgaged 
for  two-thirds  of  their  value.  "The  first  step,  then,  in  my 
humble  judgment ",  said  Mr.  Coffin,  "is  to  commence  at  the 
bottom.  First  make  equal  and  just  tax  and  revenue  laws; 
put  all  on  a  level;  then  enact  the  wisest  law  possible  for 
road  making,  and  we  will  all  pull  together/'  Needless  to 
say  this  was  very  sound  doctrine  in  1883  and  in  the  last 
analysis  represents  the  very  cornerstone  of  the  good  roads 
movement  at  the  present  time ;  for  without  funds  permanent 
highway  improvement  is  impossible,  and  the  proper  dis- 
tribution of  funds  can  be  realized  only  through  an  equitable 
system  of  taxation. 

From  an  examination  of  the  Senate  and  House  journals 
it  appears  that  a  great  many  petitions  dealing  with  the  road 
question  were  submitted  to  the  General  Assembly  in  1884. 
Only  a  very  few  of  these  petitions,  however,  are  still  in 
existence.  The  few  that  have  been  preserved  are  on  file  in 
the  Department  of  Public  Archives  at  Des  Moines.  A  reso- 
lution passed  by  the  board  of  supervisors  of  Clinton  County 
asked  that  the  road  supervisors  should  be  placed  under  the 
jurisdiction  of  the  county  judge  or  the  township  trustees  of 
the  several  townships,  "thereby  relieving  the  Board  from 
duties  that  can  be  better  performed  by  the  county  Judge 
or  the  township  Trustees. ' J418  A  petition  signed  by  citizens 
of  Warren  County  is  especially  instructive  because  of  the 
positive  and  reactionary  stand  taken  against  the  recom- 
mendations of  the  State  Eoad  Convention  and  the  Gov- 
ernor. Among  other  things,  the  petition  declared  that  if  all 
the  road  tax  was  required  to  be  paid  in  money  the  logical 
result  would  be  to  increase  the  burden  of  taxation  by  mak- 
ing the  payment  more  difficult.  Under  existing  conditions 
the  farmers,  it  was  claimed,  worked  out  their  road  taxes 
after  the  harvest  during  the  dry  season  when  the  best  re- 
sults could  be  obtained.  It  was  further  asserted  by  the 


THE  GOOD  ROADS  MOVEMENT  193 

petitioners  that  farmers  did  more  and  better  work  than  any 
other  class. 

The  memorialists  were  in  favor  of  the  existing  system  of 
local  supervision,  believing  that  such  a  policy  was  "more  in 
accord  with  the  provisions  of  justice  and  liberty  and  the  re- 
quirements of  free  government  than  the  suggestions  of  the 
late  road  convention  or  the  recommendations  of  the  gov- 
ernor." Considerable  opposition  was  expressed  to  the 
placing  of  only  one  road  supervisor  in  each  township.  "We 
cannot  close",  said  the  farmers,  "without  reminding  you 
as  the  Honorable  Representatives  of  the  people  that  the 
System  of  one  Supervisor  only  in  each  township  as  recom- 
mended could  not  be  as  advantageous  as  the  present  system 
of  having  five  or  six  small  districts  with  a  man  to  supervise 
each  because  there  is  a  supervisor  in  each  small  district 
now  who  can  be  notified  easier  of  anything  and  is  right 
close  to  all  needed  repairs."419  These  petitions  afford 
concrete  evidence  of  the  opposition  to  reform  as  suggested 
by  Senator  Nichols. 

Governor  Buren  E.  Sherman  in  his  first  biennial  message 
emphasized  the  existence  of  many  conflicting  views  on  the 
subject  of  road  administration  and  indicated  the  necessity 
of  a  definite  program  on  which  the  representatives  of  the 
people  might  agree.  The  subject,  he  said,  was  an  important 
and  perplexing  one,  and  one  which  would  "tax  to  the  ut- 
most the  ingenuity  and  wisdom  of  the  Legislative  depart- 
ment. ' '  Governor  Sherman  admitted  that  his  own  personal 
views  were  not  very  clear  and  satisfactory.  He  believed, 
however,  that  the  payment  of  road  taxes  in  labor  was  the 
basis  of  much  of  the  difficulty.  ' '  If  this  tax  was  all  payable 
in  money",  he  said,  "as  I  believe  it  should  be,  the  same  in 
the  hands  of  a  competent  supervisor  would  accomplish 
much  more  than  is  now  possible,  and  better  roads  would 
result.  This  will  be  conceded  by  everyone. ' ' 

In  the  second  place,  the  Governor  suggested  the  desira- 

13 


194       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

bility,of  having  one  road  master  in  each  township,  who 
should  be  held  responsible  for  the  roads  therein,  to  be  ap- 
pointed by  the  township  trustees  and  made  accountable  to 
them  for  his  official  actions.  Finally,  it  was  held  that  the 
funds  provided  by  law  were  frequently  not  sufficient  to  keep 
bridges  in  good  repair.  "I  suggest  the  propriety",  said 
Governor  Sherman,  "of  increasing  the  powers  of  the  trus- 
tees in  such  cases,  and  having  gained  the  consent  of  the 
board  of  supervisors  thereto,  that  they  be  authorized  to 
levy  such  additional  tax  as  will  replace  the  bridges  swept 
away."420 

Three  laws  relating  directly  or  indirectly  to  the  adminis- 
tration of  roads  and  bridges  were  passed  by  the  General 
Assembly  in  1884:  one  authorizing  boards  of  supervisors 
to  purchase  and  maintain  bridges  over  streams  dividing 
their  respective  counties;421  the  second,  relating  to  ditches, 
drains,  levees,  embankments,  and  changes  in  water 
courses  ;422  and  the  third  ' '  An  Act  to  Promote  the  Improve- 
ment of  Highways".423  By  the  provision  of  the  first  meas- 
ure boards  of  supervisors  in  adjoining  counties,  each 
having  a  population  of  more  than  ten  thousand,  were 
clothed  with  authority  to  purchase  and  acquire  any  toll 
bridge  constructed  between  such  counties  and  maintain  the 
same  at  joint  expense  as  a  free  public  bridge,  "provided 
that  the  total  cost  of  such  bridge  shall  not  exceed  the  sum  of 
$10,000. ' '  The  second  act  authorized  boards  of  supervisors 
to  establish  drainage  districts,  and  also  to  permit  the  con- 
struction of  ditches  or  drains  within  the  limits  of  any  public 
highway  on  condition  that  the  same  did  not  interfere  or 
prevent  public  travel. 

By  far  the  most  important  road  law  enacted  in  1884  was 
the  one  entitled  "An  Act  to  Promote  the  Improvement  of 
Highways".  This  measure  followed  in  some  degree  the 
recommendations  and  suggestions  of  Governors  Gear  and 
Sherman  and  was  obviously  the  result  of  the  popular  agita- 


THE  GOOD  ROADS  MOVEMENT  195 

tion  for  better  roads  which  had  led  to  the  holding  of  the 
State  Road  Convention.  Briefly  stated,  the  act  stood  for  a 
larger  measure  of  administrative  centralization,  first,  by 
providing  a  regular  county  road  fund  as  distinguished  from 
the  township  road  fund,  and  second,  by  authorizing  town- 
ship trustees  in  certain  cases  to  consolidate  the  various 
road  districts  of  a  township  into  one  highway  district. 

Boards  of  supervisors  were  authorized  to  levy  a  tax  of 
not  more  than  one  mill  on  a  dollar  of  the  assessed  value  of 
the  taxable  property  in  their  county.  The  road  tax  thus 
levied  was  collected  in  the  same  manner  as  other  taxes  and 
set  aside  as  a  county  road  fund  to  be  paid  out  "only  on  the 
order  of  the  board  of  supervisors  for  work  done  on  the 
highways  of  the  county,  in  such  places  as  the  board  shall 
determine  ",424  The  board  also  possessed  the  authority  to 
determine  in  what  manner  the  county  road  tax  should  be 
expended,  whether  by  contract  or  otherwise. 

It  will  be  recalled  that  both  Governor  Gear  and  Governor 
Sherman  suggested  the  advisability  of  making  the  township 
the  unit  of  actual  road  administration.  An  optional  system 
of  this  character  was  established  by  the  act  under  consider- 
ation. On  petition  of  a  majority  of  the  voters  of  a  given 
township  the  trustees  might  organize  the  township  into  one 
highway  district;  After  two  years'  trial  of  the  plan,  how- 
ever, the  trustees  might  again  return  to  the  old  district 
system.425 

Where  the  township  system  of  road  supervision  was 
adopted  a  great  many  changes  were  made  in  the  township 
plan  of  administration.  First  of  all,  the  trustees  might 
order  the  township  highway  taxes  to  be  paid  in  money  and 
collected  by  the  county  treasurer  the  same  as  other  taxes. 
In  the  second  place,  the  township  trustees  were  authorized 
to  direct  the  expenditure  of  all  the  highway  funds  belonging 
to  the  township  and  in  this  connection  might  let  any  con- 
tract for  road  work  to  the  lowest  responsible  bidder.  In 


196       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

case  the  contract  system  was  objectionable,  the  trustees 
might  appoint  a  township  superintendent  of  highways  with 
one  or  more  assistants  to  superintend  all  or  any  part  of  the 
road  work. 

Other  minor  requirements  of  this  important  act  are 
worthy  of  mention.  For  example,  it  was  made  the  duty  of 
the  township  trustees  to  see  that  the  road  tax  was  equitably 
and  judiciously  expended  for  highway  purposes  in  the  town- 
ship; the  trustees  were  also  required  to  see  that  noxious 
weeds  were  cut  twice  a  year  if  deemed  necessary;  nine 
hours  was  declared  to  constitute  a  full  day's  work;  and  it 
was  further  stipulated  that  all  highway  funds  belonging  to 
the  several  road  districts  prior  to  the  change  of  system 
should  be  placed  to  the  credit  of  the  general  township  high- 
way fund.  Finally,  the  law  applying  to  road  supervisors 
was  made  applicable  to  contractors  and  superintendents  in 
these  terms:  "The  powers,  duties,  and  accountability  im- 
posed on  highway  supervisors,  so  far  as  consistent  with  this 
act,  shall  apply  with  equal  force  to  contractors,  superin- 
tendents and  assistants  contemplated  in  this  act/'426 

No  petitions  are  on  file  in  the  Department  of  Public 
Archives  and  nothing  was  said  by  the  Governor  during  the 
1886  session  of  the  General  Assembly  in  regard  to  the  sub- 
ject of  road  administration.  The  public  mind  was  occupied 
with  other  problems  —  especially  the  important  question  of 
regulating  railway  rates.  In  fact,  Governor  Larrabee  was 
soon  to  make  the  regulation  of  railroads  one  of  the  chief 
planks  in  his  platform. 

The  General  Assembly,  however,  passed  the  following 
minor  laws  on  the  subject  of  highways  and  bridges:  (1)  an 
act  enabling  cities  to  aid  in  the  construction  of  highway 
bridges  over  navigable  boundary  rivers;427  (2)  an  act  al- 
lowing underground  tile  drains  to  be  constructed  across  the 
public  highway  and  defining  the  duties  of  road  supervisors 
relative  to  the  same;428  and  (3)  the  board  of  supervisors, 


THE  GOOD  ROADS  MOVEMENT  197 

in  certain  cases,  was  granted  discretionary  power  to  estab- 
lish highways  along  streams  in  order  to  avoid  the  construc- 
tion of  bridges.429  It  will  be  recalled  that  under  the 
provisions  of  the  Code  of  1873  the  road  supervisor  was 
authorized  to  take  timber  or  other  material  for  use  on  the 
highway  from  any  unenclosed  lands  in  the  neighborhood 
under  certain  conditions  and  limitations  outlined  in  the  stat- 
ute.430 The  amendment  under  consideration  merely  stipu- 
lated that  in  obtaining  this  material  for  use  on  the  highway 
the  road  supervisor  should  be  forbidden  to  "destroy  or  in- 
jure the  ingress  or  egress  to  any  property,  or  to  turn  the 
natural  drainage  of  the  surface  water  to  the  injury  of  the 
adjoining  owners. ' ' 431 

That  the  question  of  good  roads  was  by  this  time  begin- 
ning to  receive  serious  attention  is  illustrated  by  some 
instructive  suggestions  from  an  engineering  standpoint 
made  by  Mr.  F.  L.  Easley  of  Fort  Dodge  in  a  paper  before 
the  Iowa  Surveyors'  and  Civil  Engineers'  Association  at 
its  annual  meeting  in  1887.  After  pointing  out  the  con- 
fusion and  delay  resulting  from  the  existing  method  of 
laying  out  highways,  Mr.  Easley  made  the  following  sug- 
gestions : 

For  example  when  a  new  highway  is  established  make  it  the  duty 
of  the  County  Surveyor  to  run  levels  and  establish  a  grade  line,  set 
slope  stakes  and  give  directions,  in  writing,  for  the  working  of  the 
same,  and  in  order  that  the  Surveyor  may  have  full  control  and 
supervision  as  to  the  location  of  highways,  place  the  highway  rec- 
ords and  all  duties  relating  to  them  now  devolving  upon  the  Auditor 
in  the  hands  of  the  Surveyor  and  allow  him  an  assistant  and  a 
salary  of  some  amount  for  the  extra  duties  thus  required.  Make  it 
his  special  duty  to  see  to  all  locations  of  county  bridges  on  high- 
ways and  have  the  same  cross  sectioned  and  staked  out,  so  that  a 
highway  supervisor  can  go  to  work  in  an  intelligent  manner  ancT 
then  have  him  make  an  estimate  each  year,  say  after  closing  of 
work  upon  highways,  of  all  work  done  in  each  district  during  the 
year. 


198       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

This*  will  give  the  highway  supervisors  some  chance  to  show 
to  the  public  how  they  have  used  the  public  funds  of  their  district 
and  in  a  few  years  will  show  a  systematic  working  of  highways 
and  a  saving  of  money  to  the  public  on  account  of  having  the 
material  used  in  the  proper  place  for  there  is  no  ordinary  man  but 
what  will  agree  that  it  costs  more  to  place  100  cubic  yards  in 
embankment  on  a  public  road  than  it  does  to  place  100  cubic  yards 
in  an  embankment  upon  a  railroad.  Why  is  this?  Just  because 
everything  is  planned  and  staked  out  on  railroad  work.  Grade 
lines  are  cross  sectioned  and  staked  out,  so  that  any  man  of 
ordinary  intelligence  can  go  to  work  and  do  the  grading  in  an 
intelligent  and  substantial  manner  without  having  to  move  mate- 
rial two  or  three  times  before  he  gets  it  to  the  proper  place. 

I  have  often  wondered  that  there  was  not  worse  work  done  on 
account  of  not  having  anything  to  guide  them  in  their  working  of 
difficult  places. 

Place  the  highway  matters  in  the  hands  of  the  Surveyor  instead 
of  the  Auditor  and  the  public  will  not  have  to  wait  three  or  six 
months  for  the  determination  of  the  location  of  any  portion  of  an 
old  highway,  providing  it  is  made  his  duty  to  attend  to  such  cases, 
and  is  allowed  a  salary  for  doing,  so,  and  a  faithful  assistant  to  help 
him.  The  office  will  then  be  filled  by  competent  men  as  a  rule  and 
not  as  it  is  now  an  exception. 

The  change  as  suggested  would  relieve  the  Auditor  of  what  to 
him  is  a  very  unpleasant  duty,  one  for  which  he  is  rarely  qualified, 
and  place  it  in  the  hands  of  an  officer  who  is  more  apt  to  be  qualified 
to  adjust  such  matters  to  the  satisfaction  of  all  parties  concerned. 
The  highway  supervisor  could  present  a  petition  signed,  by  say,  two- 
thirds  of  the  legal  voters  of  his  district  to  the  Surveyor  to  have  any 
work  done,  which  might  be  necessary  in  the  working  of  the  highways 
of  his  district. 

Let  the  Surveyor's  profile  and  grade  line  be  subject  to  approval 
by  the  Board  of  Supervisors,  and  become  a  part  of  the  records  of 
the  road,  as  much  so  as  any  part  of  the  plat  or  line,  thus  binding  all 
successors  to  continue  the  work  in  the  manner  of  its  commence- 
ment, viz :  In  a  systematic  way.432 

The  1888  session  of  the  General  Assembly  was  practically 
barren  of  road  legislation.  As  has  been  suggested,  other 


THE  GOOD  ROADS  MOVEMENT  199 

problems  were  absorbing  the  attention  of  the  public.  Gov- 
ernor William  Larrabee  in  his  first  biennial  message  had 
nothing  to  say  directly  on  the  subject  of  roads  and  bridges. 
An  act  authorizing  the  construction  of  cattle-ways  across 
public  roads  and  under  any  township  bridge  constituted  the 
body  of  road  legislation  enacted  by  the  General  Assembly 
in  1888.433 

In  his  second  biennial  message  Governor  Larrabee  broke 
his  silence  on  the  subject  of  road  legislation  by  calling  at- 
tention to  the  fact  that  taxes  collected  for  the  care  of 
highways  "  yield  a  smaller  return  proportionately  than  any 
other  imposts ",  and  he  suggested  that  "the  manner  in 
which  these  taxes  are  used  is  a  reproach  to  people  ordina- 
rily provident  in  private  matters. ' '  The  sum  expended  on 
roads,  according  to  the  Governor,  was  greater  in  the  aggre- 
gate than  the  total  amount  of  State  taxes;  and  yet  the 
highways  were  not  improved  by  that  large  expenditure.  He 
further  stated  that  the  General  Assembly  had  contemplated 
a  remedy,  first,  by  providing  that  the  board  of  supervisors 
might  levy  a  road  tax  on  the  whole  county  to  be  expended 
under  their  direction,  and  second,  by  authorizing  the  trus- 
tees to  organize  a  township  as  a  single  road  district  on 
petition  of  a  majority  of  the  voters.  "It  is  believed7',  said 
Governor  Larrabee, ' '  that  very  few  townships  have  availed 
themselves  of  this  provision  for  securing  better  manage- 
ment of  highway  work.  The  requirement  that  a  majority 
of  the  voters  must  petition  for  the  system  practically  pre- 
vents its  adoption.  It  would  be  better  to  authorize  the 
trustees  to  submit  the  question  of  the  adoption  of  the  sys- 
tem to  the  people  of  the  township  at  a  general  or  special 
election."434  Finally,  it  was  declared  that  the  farmers 
should  lead  in  this  important  reform  for  the  obvious  reason 
that  better  roads  would  not  only  tend  to  increase  the  value 
of  land  by  making  markets  more  accessible,  but  would  also 
render  farming  more  profitable. 


200       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Only  two  minor  amendments  were  made  to  the  general 
body  of  road  legislation  in  1890:  the  first  related  to  the 
bridge  fund  in  cities  of  the  first  class  and  cities  of  the 
second  class  having  a  population  of  less  than  ten  thousand, 
and  also  in  cities  under  special  charters;435  and  the  second 
gave  the  board  of  supervisors  power  to  grant  street  rail- 
ways the  privilege  of  operating  their  lines  over  highways 
to  any  State  institution  under  certain  conditions  and 
limitations.436 

During  the  session  of  the  General  Assembly  in  1892 
amendments  were  made  to  the  road  law  regarding  the  con- 
struction of  street  railways  over  highways,437  and  to  the 
law  regulating  the  cutting  of  Canadian  thistles.438  Laws 
were  also  passed  requiring  owners  of  Osage  Orange  hedge 
fences  to  keep  the  same  trimmed  along  the  public  highways 
and  railroads439  and  authorizing  the  location  of  a  highway, 
by  and  with  the  consent  of  the  trustees  of  the  Hospital  for 
the  Insane  at  Independence,  across  land  belonging  to  the 
State  of  Iowa  in  Buchanan  County.440  The  latter  measure 
was  rendered  necessary  by  the  existence  of  a  law  prohibit- 
ing the  construction  of  highways  across  lands  belonging  to 
any  of  the  various  State  institutions  without  obtaining  the 
express  consent  of  the  General  Assembly.  Finally,  a  law 
was  enacted  to  protect  persons  and  property  from  danger 
resulting  from  steam  engines  on  the  public  highways.441 

About  this  time  the  case  of  Chas.  C.  Waud,  Appellant,  v. 
Polk  County,  involving  the  question  of  personal  injury  re- 
sulting from  defective  bridges,  came  up  for  adjudication. 
In  regard  to  contributory  negligence442  the  evidence  in  the 
case  showed,  first,  that  the  bridge  had  been  defective  for  a 
period  of  more  than  six  months,  and  second,  that  the  plain- 
tiff had  known  of  this  condition.  With  reference  to  the 
latter  point  the  court  held  that  the  question  as  to  whether 
the  plaintiff  was  guilty  of  contributory  negligence  in  using 
the  bridge  at  the  time  of  the  accident  was  a  matter  for  the 


THE  GOOD  ROADS  MOVEMENT  201 

jury  to  determine,  and  not  for  the  court.  In  the  second 
place,  the  court  maintained  that  where  a  patent  and  obvious 
defect  in  a  county  bridge  had  existed  for  six  months  or  a 
year,  knowledge  on  the  part  of  the  proper  county  authori- 
ties would  be  presumed. 

By  this  time  the  good  roads  movement  was  a  subject  of 
general  discussion.  The  people  of  Iowa  seemed  to  be  just 
awakening  to  the  fact  that  something  was  wrong  with  the 
system  of  road  administration  and  that  poor  highways  were 
not  unavoidable  concomitants  of  Iowa  soil  and  climate. 
Day  after  day  and  week  after  week  many  of  the  leading 
newspapers  of  the  State  contained  editorials  and  communi- 
cations dealing  with  the  road  question;  while  various  soci- 
eties and  organizations  took  up  the  problem.  For  instance, 
at  the  annual  meeting  of  the  Iowa  Society  of  Civil  Engi- 
neers and  Surveyors  in  January,  1893,  "Good  Roads  in 
Iowa"  was  the  subject  of  a  symposium  participated  in  by 
six  men,  all  of  whom  were  more  or  less  familiar  with  the 
practical  side  of  road  making. 

Besides  discussing  the  road  question  from  the  purely 
engineering  standpoint,  these  men  suggested  many  changes 
in  the  road  laws.  For  instance,  they  agreed  upon  the  de- 
sirability of  requiring  all  road  taxes  to  be  paid  in  money, 
and  upon  the  need  of  expert,  centralized  supervision  of 
roads  and  highways.  In  order  that  work  on  the  roads 
might  be  suited  to  the  needs  of  each  particular  highway  the 
following  classification  of  roads  was  suggested:  (1)  main 
thoroughfares  of  long  distance  travel,  (2)  the  principal 
routes  of  travel  between  the  smaller  cities  and  towns,  (3) 
the  principal  country  roads  leading  to  the  market  towns  or 
cities,  and  (4)  the  so-called  neighborhood  roads  of  the  rural 
districts.  To  insure  systematic  and  intelligent  road  work 
according  to  this  classification  it  was  proposed  that  there 
should  be  established  an  elaborate  and  highly  centralized 
system  of  State  supervision  and  control. 


202       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The.  proposed  plan  of  State  supervision  provided  for  an 
executive  board  of  highways  consisting  of  five  men  ap- 
pointed by  the  Governor,  two  of  whom  should  be  civil  en- 
gineers of  ability  and  reputation  and  one  a  lawyer  of  good 
standing.  It  should  be  the  duty  of  this  board  to  divide  the 
State  into  road  districts  consisting  of  one  or  more  counties 
as  the  case  might  seem  to  require,  and  to  exercise  general 
supervision  over  the  working  of  roads.  The  work  of  each 
district  was  to  be  in  charge  of  a  superintendent  of  high- 
ways and  a  district  engineer  elected  by  the  people  of  the 
district,  the  latter  of  whom,  however,  must  possess  a  cer- 
tificate from  the  State  board  indicating  his  qualifications 
for  the  office.  In  fact,  the  system  of  supervision  thus  pro- 
posed was  outlined  in  considerable  detail  and  contains  many 
suggestions  which  are  worthy  of  study.443 

At  about  this  same  time  there  appeared  a  newspaper  ar- 
ticle which  contains  a  clear  statement  of  one  reason  for  the 
poor  roads  of  Iowa  as  well  as  a  picture  of  actual  conditions 
on  country  roads  at  certain  seasons  of  the  year.  The  writer 
pointed  out  the  fact  that  in  the  laying  out  of  the  early  Ter- 
ritorial and  State  roads  an  effort  had  usually  been  made  to 
follow  the  contour  of  the  country,  and  that  as  a  result  these 
roads  were  often  excellent  highways  in  spite  of  the  fact  that 
little  work  was  done  on  them.  But,  he  declared,  "  these 
early  roads  spoken  of,  have  been  done  away  with,  and  nar- 
row lanes,  laid  largely  on  subdivision  lines,  regardless  of 
the  character  of  the  ground,  regardless  of  steep  grades, 
regardless  of  distance,  regardless  of  sloughs  and  every- 
thing else  that  should  be  avoided  in  road  making.  Only  one 
thought  was  kept  in  view,  that,  to  save  land. ' ' 

Furthermore,  the  writer  declared  that  no  road  should  be 
less  than  sixty  feet  wide  in  order  that  room  might  be  left 
"for  a  drive-way  and  drainage  gutters  or  ditches  on  either 
side"  of  the  road  and  that  the  road  might  have  a  chance  to 
dry.  Instead,  there  were  many  roads  which  were  only  forty 


THE  GOOD  ROADS  MOVEMENT  203 

feet  or  less  in  width,  and  these  roads  filled  "with  snow  in 
winter  and  are  veritable  mud  traps  in  the  spring  and  fall. 
The  snow  and  mud  hang  on  long  after  the  fields  adjacent  are 
dry.  I  have  seen  an  empty  wagon  being  dragged  through 
one  of  these  lanes  by  four  horses,  with  the  axle  nearly  to 
the  ground,  while  an  old  state  road  in  the  same  section  of 
exactly  the  same  soil  was  comparatively  dry,  because  it  was 
wide  enough  to  dry  out. ' '  Finally,  the  writer  declared : 

But  if  it  is  disheartening  for  a  man  to  drive  through  one  of  these 
narrow  apologies  for  a  road,  what  of  the  man  who  attempts  to 
navigate  one  on  foot  ?  He  may  have  climbed  snow  clad  mountains, 
penetrated  jungles,  traversed  the  forests  or  deserts  of  Africa,  or 
found  his  way  in  safety  across  the  prairies  in  a  Dakota  blizzard, 
but  he  is  conquered  here.  He  leaps  from  one  island  to  another, 
weaving  his  way  from  side  to  side  until  exhausted,  and  his  feet 
loaded  with  mud,  he  thinks  to  betake  himself  to  the  fields,  but  he  is 
confronted  with  a  hedge  of  thorns  or  a  barbed  wire  fence,  and 
finally  owns  himself  knocked  out. 

And  these  are  the  roads  that  the  children  must  use  in  going  to 
and  from  school.444 

In  his  inaugural  address  Governor  Frank  D.  Jackson 
touched  upon  the  building  of  permanent  highways.  Some 
broad  and  comprehensive  plan,  he  thought,  should  be  adopt- 
ed on  the  basis  of  which  a  few  miles  of  substantial  and 
permanent  road  might  be  constructed  each  year.  Referring 
to  the  new  processes  in  the  manufacture  of  road  materials 
which,  in  his  judgment,  were  an  important  factor  in  pro- 
moting the  building  of  permanent  highways,  the  Governor 
suggested  that  the  six  hundred  inmates  of  the  prisons,  who 
were  engaged  chiefly  in  the  manufacture  of  products  in 
competition  with  free  labor,  might  be  employed  with  far 
greater  advantage  to  the  general  public  in  the  preparation 
of  material  for  the  construction  of  highways.  From  the 
general  standpoint  of  road  administration,  however,  no 
definite  constructive  program  was  formulated  by  the  Gov- 
ernor. 


204       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

In  spite  of  a  determined  effort  to  secure  the  enactment  of 
%°[  7  a  progressive  road  law445  the  Twenty-fifth  General  Assem- 
bly accomplished  practically  nothing  in  the  line  of  road 
legislation.  The  law  authorizing  the  establishment  of  pub- 
lic ways  to  lands  having  stone  or  mineral  thereon446  was  so 
amended  as  to  give  "any  person,  corporation,  joint  stock 
association  or  co-partnership,  owning  or  leasing  any  land 
not  having  a  public  or  private  way  for  ingress  or  egress ", 
the  privilege  of  establishing  over  the  land  of  another  a 
highway  "to  any  railway  station,  street  or  highway,  not 
exceeding  forty  feet  in  width' *.447  In  other  words,  the  right 
to  enjoy  such  a  private  highway  was  not  confined  to  persons 
owning  lands  with  stone  or  mineral  thereon.  The  important 
act  to  promote  the  improvement  of  highways  approved  on 
April  14,  1884,448  was  so  amended  as  to  make  the  levy  of  a 
tax  to  be  set  aside  as  a  county  road  fund  mandatory  upon 
the  county  board  of  supervisors.  In  other  words,  by  substi- 
tuting "shall"  for  "may"  the  county  was  given  more 
authority  in  the  administration  of  roads  and  highways;449 
and  thus  a  second  step  was  taken  toward  the  desired  goal  of 
expert  administration  represented  by  the  county  road  en- 
gineer. Furthermore,  there  was  enacted  "An  Act  provid- 
ing for  breaking  and  loading  stone  by  convict  labor  at 
Anamosa  penitentiary  and  the  State  quarry,  to  be  used  in 
improving  highways  and  streets  by  macadamizing."450 
Upon  proper  application  "any  county,  township,  road  dis- 
trict or  town  or  any  city"  might  secure  a  quantity  of  this 
stone  not  to  exceed  ten  carloads  in  any  one  month  for  use 
on  streets  and  highways,  the  only  cost  being  the  cost  of 
transportation. 

In  the  case  of  Homan  v.  Franklin  County,  the  question  of 
contributory  negligence  in  the  case  of  personal  injury  re- 
sulting from  a  defective  county  bridge  again  came  up  for 
discussion.  The  court  held  that  any  person  who  crossed  a 
bridge  knowing  it  to  be  in  an  unsafe  condition  could  not 


THE  GOOD  ROADS  MOVEMENT  205 

recover  damages  for  injuries  sustained,  if  there  was  an- 
other safe  and  convenient  passage.  This  was  true  even 
though  the  county  had  neglected  to  prevent  the  use  of  the 
unsafe  bridge.  "To  our  minds ",  said  the  court,  "the  effect 
of  the  invitation  to  the  public  to  cross  or  use  a  bridge  that 
is  really  unsafe,  and  can  not  be  prudently  used,  ceases  in 
behalf  of  any  person  who  actually  knows  of  the  unsafe  con- 
dition. When  such  knowledge  obtains,  then  the  reason  of 
the  rule  ceases,  for  the  person  does  not  then  rely  on  the 
invitation  or  apparent  conditions  as  to  safety,  but  he  as- 
sumes the  risk  of  using  that  which  he  actually  knows  to  be 
unsuitable  for  use."451 

The  1896  session  of  the  General  Assembly  was  likewise 
practically  barren  of  any  important  road  legislation.  Gov- 
ernor Francis  Drake  in  his  inaugural  address  made  only  a 
brief  reference  to  the  question  of  good  roads  —  speaking  of 
the  convenience  and  economy  thereof.  He  hoped  that 
measures  would  soon  be  taken  which  would  result  in  an 
improved  system;  but  he  failed  to  outline  or  develop  any 
bills  towards  the  realization  of  that  desired  end.452 

While  no  important  changes  were  made  in  the  plan  of 
road  administration  in  1896  the  following  amendments  and 
supplementary  acts  were  passed:  (1)  authorizing  the  trans- 
fer of  any  surplus  in  the  county  road  fund  either  to  the 
general  county  fund  or  to  the  county  bridge  fund;453  (2) 
requiring  the  petitioner  for  the  establishment  of  a  highway 
to  pay  the  costs  "unless  the  claimant  recovers  a  less  amount 
than  was  allowed  him  by  the  board";454  (3)  making  it  the 
duty  of  the  board  of  supervisors  "to  use  strict  diligence  in 
draining  the  surface  water  from  the  public  highway  in  its 
natural  channels";455  (4)  making  additional  regulations 
for  the  trimming  of  various  forms  of  hedge  fences  along  the 
highway;456  and  (5)  providing  more  stringent  rules  for  the 
extermination  of  Eussian  thistles.457  The  time  of  the  meet- 
ing of  the  township  trustees  for  the  purpose  of  making  a 


206       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

settlement  with  district  road  supervisors  was  changed  from 
October  to  November  in  order  to  give  the  farmers  more 
time  during  the  fall  of  the  year  to  work  out  their  road 
taxes.458  An  act  was  also  passed  enabling  the  trustees  or 
commissioners  of  State  institutions  to  lay  out,  establish, 
vacate,  or  change  public  highways  through  land  owned  by 
the  State  "  subject  however  to  the  approval  of  the  board  of 
supervisors  of  the  county  or  the  city  council  of  the  city 
wherein  such  lands  are  situated.  "459 

The  nature  and  scope  of  that  provision  of  "An  Act  to 
Promote  the  Improvement  of  Highway s"4€0  which  author- 
ized township  trustees  under  certain  conditions  to  consoli- 
date the  several  road  districts  of  their  township  into  one 
highway  district  came  up  for  adjudication  in  P.  C.  Dunham 
et  al  v.  Orvis  Fox  et  al,  Appellants.461  The  evidence  in  the 
case  revealed  the  fact  that  eighty-nine  voters  had  signed 
the  required  petition  asking  for  a  consolidation  of  the  road 
districts,  but  that  later  forty  of  this  same  number  signed 
a  remonstrance  indicating  that  they  had  changed  their 
minds.  The  court  maintained,  first,  that  the  statute  was  not 
mandatory  but  permissive  only,  giving  the  township  trus- 
tees a  discretionary  power  under  certain  conditions,  and 
second,  that  the  petitioners  had  a  right  to  sign  a  remon- 
strance thus  expressing  to  the  board  of  supervisors  the  fact 
that  they  did  not  desire  to  be  regarded  any  longer  as  peti- 
tioners. The  conclusion  that  petitioners  in  such  cases  have 
a  right  to  sign  a  remonstrance  is  sustained  by  a  long  list  of 
authorities.462 

It  is  apparent  that,  aside  from  the  laws  providing  for  the 
optional  consolidation  of  road  districts  on  the  township 
basis  and  creating  a  county  road  fund,  no  fundamental 
changes  in  the  general  system  of  road  administration  were 
made  between  1873  and  1896.  In  other  words,  the  Code  of 
1897,  viewed  from  the  standpoint  of  road  and  bridge  legis- 
lation, is  substantially  the  same  as  the  Code  of  1873. 


THE  GOOD  ROADS  MOVEMENT  207 

Numerous  mandatory  and  supplementary  acts  of  a  some- 
what minor  character  were  passed ;  but  in  the  final  analysis 
the  power  and  authority  of  the  townships,  on  the  one  hand, 
and  of  the  county,  on  the  other,  remained  practically  un- 
changed. In  this  respect  the  history  of  road  legislation  and 
administration  in  Iowa,  as  has  been  suggested,  has  very 
much  in  common  with  the  history  of  taxation.  Indeed,  the 
fact  that  all  real  progress  and  reform  must  be  for  the  most 
part  evolutionary  is  well  illustrated  in  the  history  of  the 
two  great  problems  of  taxation  and  road  legislation  in 
Iowa. 

By  referring  to  the  analysis  of  the  provisions  of  the  Code 
of  18734™  made  in  Chapter  VII  the  reader  will  have  a  com- 
prehensive and  fairly  accurate  understanding  of  the  system 
of  road  administration  which  prevailed  when  the  Code  of 
1897  was  enacted  into  law.  The  board  of  supervisors  still 
had  general  supervision  over  the  roads  in  the  county,  with 
power  to  establish,  vacate,  and  change  them  as  provided  for 
by  law.464  The  width  of  roads,  the  form  of  petitions  for  the 
establishment  of  roads,  the  bond  required,  the  appointment 
of  a  commissioner  to  survey  the  road  and  file  a  report, 
together  with  the  plat  and  field  notes,  are  provided  for  in 
the  Code  of  1897  on  substantially  the  same  basis  as  had 
been  adopted  nearly  a  quarter  of  a  century  before.  The 
county  auditor  in  his  relation  to  the  board  of  supervisors, 
on  the  one  hand,  and  the  township  clerks,  on  the  other,  re- 
tained essentially  the  same  authority  and  powers  of  super- 
vision. In  fact,  the  county  auditor  under  both  codes  was  an 
important  official. 

Briefly  stated,  the  county  board  of  supervisors  and  the 
county  auditor  had  practically  complete  jurisdiction  with 
reference  to  the  laying  out  and  the  opening  of  highways. 
The  method  of  selecting  appraisers  and  determining  dam- 
ages caused  by  the  establishment  of  highways  likewise 
remained  unchanged.  One  also  notes  that  essentially  the 


208       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

same  provisions  are  found  in  both  codes  concerning  the  lay- 
ing out  and  the  opening  of  county  line  roads  and  the  estab- 
lishment of  what  are  referred  to  as  consent  highways.465 
Under  the  new  code  appeals  might  be  taken  from  the  de- 
cision of  the  county  board  of  supervisors  to  the  district 
court,  which  had  taken  the  place  of  the  old  circuit  court. 

From  the  standpoint  of  raising  revenue  for  the  main- 
tenance of  highways  and  bridges,  the  township  trustees 
possessed  large  powers  and  authority.  Under  the  new  code 
it  was  provided  that  the  township  trustees  at  their  meeting 
should  determine  ' '  the  amount  of  property  tax  to  be  levied 
for  roads,  bridges,  guide-boards,  plows,  scrapers,  tools,  and 
machinery  adapted  to  the  construction  and  repair  of  roads, 
and  for  the  payment  of  any  indebtedness  previously  in- 
curred for  road  purposes,  and  levy  the  same,  which  shall 
not  be  less  than  one  nor  more  than  four  mills  on  the  dollar 
on  the  amount  of  the  township  assessment  for  that  year, 
which,  when  collected,  shall  be  expended  under  the  direction 
and  order  of  the  township  trustees  ",466  A  part  of  the  tax 
thus  levied  was  to  be  set  aside  by  the  township  trustees  as 
a  general  township  road  fund,  the  township  clerk  being 
required  to  give  bond  for  the  handling  of  the  same. 

As  already  intimated,  the  new  code  differed  from  the  one 
enacted  in  1873  in  the  provision  which  was  made  for  a 
county  road  fund  under  the  jurisdiction  of  the  county  board 
of  supervisors.  In  other  words,  the  county,  being  clothed 
with  a  larger  measure  of  real  financial  authority,  was  made 
a  more  important  unit  of  local  government  in  the  adminis- 
tration of  highways  and  bridges.  Judged  from  the  stand- 
point of  the  new  standards  of  local  organization  and  the 
problems  connected  with  the  building  of  permanent  roads 
and  bridges,  this  was  not  only  an  important  but  in  fact  an 
absolutely  necessary  change. 

The  Code  of  1897  provided  that  "the  board  of  supervisors 
of  each  county  may,  at  the  time  of  levying  taxes  for  other 


THE  GOOD  ROADS  MOVEMENT  209 

purposes,  levy  a  tax  of  not  more  than  one  mill  on  the  dollar 
of  the  assessed  value  of  the  taxable  property  in  its  county, 
including  all  taxable  property  in  cities  and  incorporated 
towns,  which  shall  be  collected  at  the  same  time  and  in  the 
same  manner  as  other  taxes,  and  be  known  as  the  county 
road  fund,  and  paid  out  only  on  the  order  of  the  board  for 
work  done  on  the  roads  of  the  county  in  such  places  as  it 
shall  determine  ",467  It  should  be  noted,  however,  that  the 
portion  of  the  county  fund  obtained  from  property  within 
any  city  or  incorporated  town  "  shall  be  expended  on  the 
roads  or  streets  within  such  city  or  town,  or  on  the  roads 
adjacent  thereto,  under  the  direction  of  the  city  or  town 
council". 

The  optional  plan  of  consolidating  road  districts  on  a 
township  basis  provided  for  in  "An  Act  to  Promote  the 
Improvement  of  Highway s",468  approved  on  April  14,  1884, 
has  already  been  outlined.  This  important  act  with  only 
very  slight  changes  of  detail  is  embodied  in  the  Code  of 
1897.  The  whole  machinery  of  road  administration  worked 
out  on  the  basis  of  making  the  civil  township,  rather  than 
the  sub-district,  the  real  unit  for  actual  work  on  the  high- 
ways should  be  thoroughly  understood  since  it  has  a  close 
and  vital  relationship  to  the  present  road  movement,  both 
in  Iowa  and  in  other  States. 

In  townships  where  the  old  system  prevailed  and  where 
the  actual  work  on  highways  was  done  on  the  basis  of 
smaller  areas  or  sub-districts,  the  system  of  district  road 
supervisors,  created  nearly  one-half  a  century  before,  was 
still  retained.  As  very  few  townships  adopted  the  new  plan 
this  meant  that  the  district  supervisor  system  continued  to 
prevail  over  practically  the  entire  State.  From  the  stand- 
point of  actual  work  on  the  highways  and  the  supervision 
thereof  the  Code  of  1897  does  not  represent  any  substantial 
progress  over  the  Code  of  1873  or  in  fact  over  the  Revision 
of  1860. 

14 


210       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

It  is  a  significant  fact  that  the  most  vital  part  of  the 
whole  scheme  or  plan  of  highway  administration  —  that  of 
actual  highway  work  done  —  was  just  as  decentralized  and 
inefficient  in  1897  as  in  1860.  That  is  to  say,  the  laying  out 
and  the  opening  of  roads  and  highways  had  been  and  con- 
tinued to  be  a  county  function.  The  levying  of  taxes  for  the 
support  of  roads  was  still  primarily  a  township  but  had 
become  partially  a  county  function,  the  county  as  already 
suggested  being  clothed  with  this  authority  in  1884.  But 
from  the  really  essential  standpoint  of  the  expenditure  of 
funds  the  same  old  decentralized,  pioneer  system  continued 
to  exist.  It  should  be  noted,  however,  that  under  the  Code 
of  1897  there  was  a  tendency  to  separate  bridge  legislation 
from  the  general  road  laws  and  provide  for  the  expend- 
iture of  money  for  the  construction  of  bridges  on  a  some- 
what more  logical  basis. 

The  road  legislation  of  1898  was  again  very  limited  in 
scope,  being  confined  to  a  number  of  minor  amendments 
and  an  act  providing  for  the  publication  of  the  road  laws 
in  pamphlet  form.469  The  demand  on  the  part  of  the  farm- 
ers for  more  time  to  work  roads  during  the  fall  season  of 
the  year  was  recognized  by  amending  the  code  so  as  to 
make  November  rather  than  September  the  time  when  road 
taxes  which  remained  unpaid  should  be  transferred  to  the 
books  of  the  county  auditor  and  made  collectible  as  ordinary 
taxes.470  The  law  with  reference  to  the  cutting  of  weeds  on 
public  highways  was  also  amended  and  made  more  stringent 
in  its  provisions.471 

Governor  Leslie  M.  Shaw  in  his  second  inaugural  an- 
nounced the  fact  that  "the  highways  of  Iowa  ought  to  be 
greatly  improved ",  suggesting  at  the  same  time  that  "in- 
ternal improvement  distinguish  energy  and  hopefulness 
from  sloth  and  ignorance. ' '  Moreover,  a  constructive  atti- 
tude of  mind  was  manifested  in  his  reference  to  the  pay- 
ment of  road  taxes  in  money.  "I  am  convinced ",  said  the 


THE  GOOD  ROADS  MOVEMENT  211 

Governor,  "from  observation  where  the  experiment  has 
been  tried,  that  it  is  far  better  to  have  highway  taxes  paid 
in  cash,  and  expended  with  the  same  care  and  under  like 
restrictions  as  protect  the  disbursement  of  other  public 
funds.  "472  The  product  of  legislation  in  1900  on  the  sub- 
ject of  roads,  however,  was  confined  to  a  minor  amendment 
in  the  law  providing  for  the  cutting  of  weeds  along  the 
public  highways.473 

By  the  year  1902  the  good  roads  movement,  which  took 
its  rise  in  1883,  was  an  established  fact.  Nearly  all  classes 
of  people  were  now  demanding  some  fundamental  changes 
in  the  system  of  road  administration.  Accordingly  a  series 
of  amendatory  acts  were  passed  along  the  following  lines : 
first,  authorizing  cities,  which  had  voted  taxes  to  aid  any 
corporation  organized  under  the  laws  of  the  State  for  the 
construction  of  a  combination  bridge  across  any  navigable 
boundary  river,  to  vote  additional  taxes  under  certain  lim- 
itations and  restrictions  for  the  purchase  of  such  bridge;474 
second,  repealing  certain  provisions  of  the  code,  abolishing 
the  office  of  district  road  supervisor  and  with  it  the  district 
road  system,  and  providing  in  lieu  thereof  for  the  consoli- 
dation of  each  township  into  one  road  district;473  third, 
amending  those  sections  of  the  code  relative  to  the  levying, 
certifying,  and  collection  of  the  road  tax,476  and  also  those 
relating  to  levees,  drains,  and  water  courses;477  and  fourth, 
providing  additional  regulations  defining  and  conferring 
rights  and  powers  upon  interurban  street  railways  con- 
structed along  the  public  highways.478  Under  certain  con- 
ditions and  limitations  determined  by  the  board  of  super- 
visors, a  street  railway  might  be  constructed  along  a  public 
road  less  than  one  hundred  feet  wide,  providing  the  consent 
of  three-fourths  of  the  residents  owning  property  abutting 
upon  such  highway  was  obtained  and  filed  with  the  auditor 
of  the  county  where  the  highway  was  located.479 

By  far  the  most  important  act  passed  by  the  General 


212       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Assembly  in  1902  was  the  one  repealing  certain  sections  of 
the  code  and  providing  for  the  consolidation  of  road  dis- 
tricts on  the  basis  of  the  civil  townships.  This  measure 
resulted  in  a  fundamental  change  in  the  whole  system  of 
road  administration.  The  decentralized  system  of  road  ad- 
ministration represented  by  the  district  road  supervisors 
and  established  by  the  Fourth  General  Assembly  in  1853, 
had  by  the  year  1902  been  in  existence  nearly  half  a  cen- 
tury.480 The  system  of  strictly  local  supervision  estab- 
lished forty  years  before  was  employed  in  the  control  of 
highways  down  to  the  legislative  session  of  1902. 

Thus  the  new  measure  represents  a  radical  break  with  the 
established  system  by  providing  that  "the  board  of  town- 
ship trustees  of  each  civil  township  in  this  state,  at  its 
regular  meeting  in  April,  1903,  shall  consolidate  said  town- 
ship into  one  road  district,  and  all  road  funds  belonging  to 
the  road  districts  of  said  township  shall  at  once  become  a 
general  township  road  fund,  out  of  which  all  claims  for 
work  done  or  material  furnished  for  road  purposes  prior  to 
the  change,  and  unsettled,  shall  be  paid."481  The  act 
further  provided  for  a  township  superintendent  of  roads 
to  be  appointed  by  the  trustees  or  the  township  clerk  as  the 
board  of  trustees  itself  might  determine  and  direct.  Final- 
ly, after  the  township  trustees  had  levied  the  road  tax  the 
township  clerk  was  vested  with  authority  to  certify  such 
levy  to  the  county  auditor  "who  shall  enter  it  upon  the  tax 
books  for  collection  by  the  county  treasurer  as  other 
taxes." 

Thus  it  will  be  seen  that  the  act  under  consideration 
virtually  represents  a  return  to  the  system  of  administra- 
tive centralization  provided  for  in  the  Code  of  1851 ,482  for 
it  will  be  recalled  that  between  1851  and  1853  the  township 
rather  than  the  so-called  road  district  was  the  unit  of  local 
government  from  the  standpoint  of  the  actual  supervision 
of  highway  work.  After  1853,  while  the  laying  out  and  the 


THE  GOOD  ROADS  MOVEMENT  213 

opening  of  roads  was  a  county  function  and  the  levying  of 
taxes  for  the  support  thereof  had  become  partly  a  county 
although  primarily  a  township  function,  actual  work  on  the 
highways  and  the  direct  supervision  and  control  of  the  same 
was  conferred  upon  local  road  districts  as  parts  of  civil 
townships.  It  is,  therefore,  instructive  to  note  that  this 
thoroughly  decentralized  and  inefficient  plan  was  finally 
abandoned  and  the  township  (for  the  first  time  since  1853) 
made  the  unit  of  local  government  for  this  purpose.  It  is 
hardly  necessary  to  observe  in  this  connection  that  the  law 
of  1902  providing  for  a  consolidation  of  road  districts  is  in 
harmony  with  the  best  thought  on  the  subject  and  is  well 
adapted  to  meet  the  social  and  economic  conditions  of  the 
present  day.  "The  last  General  Assembly  of  Iowa",  de- 
clared Professor  C.  F.  Curtiss,  "enacted  a  very  important 
law  making  the  township  instead  of  the  sub-district  the 
unit  for  road  work  in  Iowa  and  providing  for  the  payment 
of  road  taxes  in  cash.  It  is  too  early  yet  to  fully  forecast 
the  results  of  this  legislation,  but  it  is  safe  to  say  that  this 
is  the  most  important  step  that  has  yet  been  taken  looking 
to  the  improvement  of  the  public  highways  of  this  state."483 

The  good  roads  movement  in  Iowa  may  be  said  to  date 
from  the  State  Eoad  Convention  held  at  Iowa  City  on 
March  1  and  2,  1883.  For  the  first  time  in  the  history  of 
Iowa  the  subject  was  discussed  from  the  broad  standpoint 
of  political,  economic,  and  engineering  science.  Indeed,  the 
convention  did  not  stop  with  mere  discussion,  but  actually 
endorsed  the  following  propositions:  (1)  the  payment  of 
property  road  taxes  in  money;  (2)  the  appointment  of  a 
township  road  superintendent  or  road  master  for  at  least 
a  part  of  the  year,  thus  substituting  the  civil  township  for 
the  small  road  district  as  a  unit  of  actual  road  administra- 
tion; and  (3)  the  establishment  of  a  county  road  fund, 
which  meant  that  the  county  should  be  clearly  differentiated 


214       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

from  the  township  and  made  a  distinct  and  important  unit 
of  local  government  for  the  supervision  and  control  of 
highways.  In  fact,  the  decentralized  and  inefficient  system 
of  road  supervision  by  small  road  districts  was  not  only 
condemned  by  the  State  Road  Convention,  but  was  also 
severely  criticized  by  Governor  Gear  and  Governor  Sher- 
man. 

As  a  logical  result  of  the  good  roads  agitation,  the  people 
through  their  chosen  representatives  demanded  important 
changes  in  the  road  laws.  As  would  naturally  be  expected 
strong  opposition  —  especially  from  the  rural  districts  — 
developed  against  the  idea  of  paying  all  property  road  taxes 
in  money,  as  well  as  against  the  appointment  of  a  township 
road  superintendent.  Indeed,  the  opposition  was  strong 
enough  to  make  the  new  system  optional  and  not  manda- 
tory. In  other  words,  the  epoch-making  act  to  promote  the 
improvement  of  highways,  which  was  passed  in  1884,  pro- 
vided that  the  county  board  of  supervisors  "may"  levy  a 
tax  to  create  a  county  road  fund ;  and  the  township  trustees 
"may"  consolidate  the  several  road  districts  of  their  town- 
ship into  one  highway  district;  they  "may"  order  the 
township  highway  tax  paid  in  money;  and  finally,  they 
"may"  let  work  by  contract  "to  the  lowest  responsible 
bidder. "  As  a  matter  of  fact,  the  measure,  although  purely 
optional  in  character,  served  as  an  entering  wedge  for 
development  along  the  right  lines. 

The  progress  really  made  during  the  period  from  1883  to 
1904  becomes  evident  when  the  act  of  1884  is  compared  and 
contrasted  with  the  legislation  of  1902.  The  more  recent 
measure  relating  to  the  duties  of  township  trustees,  the 
consolidation  of  road  districts,  and  the  appointment  of 
township  road  superintendents  differed  from  its  predeces- 
sor chiefly  in  the  fact  that  its  provisions  were  mandatory. 
For  example,  the  law  of  1902  plainly  stipulated  that  the 
township  trustees  '  *  shall  consolidate  said  township  into  one 


THE  GOOD  ROADS  MOVEMENT  215 

road  district";  that  all  road  funds  belonging  to  the  road 
districts  of  a  certain  township  " shall"  become  a  general 
township  road  fund;  and  finally,  that  the  trustees  " shall" 
order  the  township  road  tax  paid  in  money.  Thus  the  sub- 
district  system  was  finally  abolished  and  the  civil  township 
made  the  basis  of  actual  road  supervision. 

In  the  same  connection,  it  should  be  remembered  that  the 
levy  of  a  tax  by  the  county  board  of  supervisors  to  create  a 
regular  county  road  fund  was  made  mandatory  by  the  pro- 
visions of  an  act  passed  in  1894.  Thus  the  optional  system, 
first,  of  passing  from  the  sub-district  to  the  township  in  the 
matter  of  actual  road  administration,  and  second,  of  trans- 
ferring a  part  of  the  fiscal  authority  from  the  township  to 
the  county,  which  had  been  created  in  1884,  became  manda- 
tory by  action  of  the  General  Assembly  as  to  the  county 
road  fund  in  1894  and  as  to  the  township  road  district  in 
1902.  These  important  acts  give  a  distinct  character  and 
purpose  to  the  period  under  consideration. 

The  possibility  of  a  greater  separation  of  township  and 
county  functions  has  already  been  noted  as  a  result  of  the 
commissioner  system  of  county  organization  created  in 
1870.  From  a  financial  standpoint,  the  line  of  demarcation 
between  the  township  and  the  county  was  clearly  defined  in 
legislation  which  provided  for  a  county  road  fund  in  1894. 
Aside  from  this  change,  and  the  optional  system  provided 
in  1884,  the  Code  of  1897  contained  substantially  the  same 
provisions  as  the  Code  of  1873  relative  to  roads  and  high- 
ways. The  laying  out  and  opening  of  roads  remained  a 
county  function ;  the  levying  of  all  taxes  for  the  support  of 
roads  continued  to  be  primarily  a  township  function;  and 
finally,  the  district  road  supervisor  system  was  retained  for 
the  actual  administration  of  highway  work  —  this  system 
not  being  definitely  abolished  until  the  session  of  1902. 

In  conclusion,  it  should  be  stated  that  a  summary  of  the 
legislation  during  the  period  from  1883  to  1904  would  be 


216       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

incomplete  without  a  brief  reference  to  the  long  list  of 
special  and  amendatory  road  acts  which  were  passed.  In- 
deed, a  considerable  number  of  measures  dealing  with 
special  phases  of  the  road  and  bridge  question  were  enacted 
into  laws  which  are  chiefly  important  as  an  indication  of  an 
effort  on  the  part  of  the  General  Assembly  to  solve  the 
question  of  highway  administration  by  the  writing  of 
statutes. 


IX 

THE  STATE  HIGHWAY  COMMISSION 
1904-1912 

The  history  of  road  legislation  and  administration  in 
Iowa  since  1904  is  in  a  very  large  measure  the  history  of 
the  State  Highway  Commission.  Indeed,  the  Commission 
itself  was  the  logical  result  of  at  least  twenty  years  of  agi- 
tation for  good  roads.  Since  1884  public  opinion  had  been 
gradually  crystalizing  in  favor  of  a  more  systematic  and 
definite  plan  of  road  administration.  More  immediately, 
however,  experimental  work,  conducted  by  the  Division  of 
Engineering  of  Iowa  State  College,  beginning  as  early  as 
1902,  contributed  in  no  small  degree  to  the  enactment  of  the 
law  creating  the  Commission.  Certain  experiments  were 
made  with  reference,  first,  to  the  traction  resistance  of 
country  roads,  second,  to  the  amount  of  traffic  over  country 
roads  in  selected  townships,  and  finally,  to  the  relation 
between  the  prices  of  agricultural  products  and  the  con- 
dition of  the  roads.484 

In  the  establishment  of  the  State  Highway  Commission 
two  men,  namely,  Dean  C.  F.  Curtiss  of  the  Division  of 
Agriculture  and  Dean  A.  Marston  of  the  Division  of  En- 
gineering of  Iowa  State  College,  are  entitled  to  much  credit. 
The  question  of  creating  a  regular  State  Highway  Depart- 
ment at  the  College  and  of  providing  an  appropriation 
therefor  came  before  the  General  Assembly  in  1904,  but 
public  sentiment  was  not  ripe  for  such  a  radical  step. 
Indeed,  it  soon  became  apparent  that  no  separate  depart- 
ment supported  by  a  substantial  appropriation  could  be 
established  until  public  sentiment  had  been  educated  to  the 

217 


218       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

value ,  of  improved  highways  and  the  necessity  of  a  more 
efficient  system  of  road  administration.  At  this  juncture 
Representative  F.  F.  Jones  introduced  a  bill  providing  that 
the  Iowa  State  College  should  act  as  a  State  Highway  Com- 
mission.485 This  measure,  which  did  not  carry  an  appro- 
priation, was  passed  by  both  houses  after  being  slightly 
amended.486  The  money  for  the  support  of  the  Commission 
was  included  in  the  regular  college  budget  for  experimental 
purposes  and  was  subject  to  the  control  of  the  Board  of 
Trustees.  The  act  as  finally  passed  stipulated  that  the 
Iowa  State  College  of  Agriculture  and  Mechanic  Arts 
should  serve  as  a  State  Highway  Commission  for  Iowa 
with  the  following  powers  and  duties : 

1.  To  devise  and  adopt  plans  and  systems  of  highway  con- 
struction and  maintenance,  suited  to  the  needs  of  the  different 
counties  of  the  state,  and  conduct  demonstration  in  such  highway 
construction,  at  least  one  each  year  at  some  suitable  place,  for  the 
instruction  of  county  supervisors,  township  trustees,  superintend- 
ents, students  of  the  college,  and  others. 

2.  To  disseminate  information  and  instruction  to  county  super- 
visors, and  other  highway  officers  who  make  request;  answer  in- 
quiries and  advise  such  supervisors  and  officers  on  questions  per- 
taining to  highway  improvements,  construction  and  maintenance, 
and  whenever  the  board  of  supervisors  of  a  county  adjudge  that 
the  public  necessity  requires  a  public  demonstration  of  improved 
highway  construction  or  maintenance  in  said  county,  and  so  request 
and  agree  to  furnish  necessary  tools,  help,  and  motor  power  for 
same,  the  commission  shall  furnish  as  soon  as  practicable  thereafter, 
a  trained  and  competent  highway  builder  for  such  demonstration 
free  to  the  county. 

3.  To  formulate  reasonable  conditions  and  regulations  for  public 
demonstrations;  and  to  promulgate  advisory  rules  and  regulations 
for  the  repair  and  maintenance  of  highways. 

4.  To  keep  a  record  of  all  the  important  operations  of  the  high- 
way commission,  and  report  same  to  the  governor  at  the  close  of 
each  fiscal  year.487 


THE  STATE  HIGHWAY  COMMISSION  219 

In  conformity  with  the  provisions  of  the  law,  the  Board 
of  Trustees  of  the  Iowa  State  College  appointed  the  Deans 
of  the  Divisions  of  Agriculture  and  Engineering  to  serve 
the  State  in  that  capacity.  Moreover,  Professor  T.  H.  Mc- 
Donald was  engaged  as  an  assistant  to  give  all  of  his  time  to 
the  work,  and  vigorous  steps  were  taken  to  carry  out  the 
requirements  of  the  statute. 

In  the  meantime  the  movement  in  favor  of  good  roads 
was  greatly  furthered  by  the  organization  of  the  Iowa  Good 
Eoads  Association  on  August  15,  1903.  This  Association 
held  its  first  meeting  in  Des  Moines  on  February  24  and  25, 
1904.  Mr.  T.  G.  Harper  served  as  president  and  Mr.  D.  B. 
Lyons  acted  as  secretary  of  the  Association.  In  addition  to 
the  presentation  of  an  instructive  program  a  general  plan 
was  developed  to  promote  good  road  legislation  before  the 
General  Assembly.488 

Strangely  enough  an  effort  was  made  during  the  1904 
session  of  the  General  Assembly  to  force  a  backward  step 
in  road  administration  through  a  bill  providing  for  an 
amendment  of  the  Anderson  law  which  had  authorized  the 
consolidation  of  road  districts  on  the  basis  of  civil  town- 
ships and  the  appointment  of  a  township  superintendent  of 
roads.489  The  author  of  the  bill  did  not  wish  to  repeal  the 
Anderson  law,  but  desired  merely  to  make  the  adoption  of 
the  consolidated  system  optional  with  each  civil  township. 
He  declared  that  taxpayers  ought  to  have  the  right  to  re- 
turn to  the  old  system  of  decentralized  supervision  and 
control  if  they  so  desired.  In  other  words,  they  should  be 
granted  the  privilege  of  enjoying  local  self-government.490 
The  bill  passed  the  House,  but  was  indefinitely  postponed 
by  the  Senate.491 

Some  amendments,  however,  were  made  at  this  time  to 
the  general  body  of  road  legislation.  Ajuong  other  changes, 
the  road  tax  was  excluded  from  the  consolidated  levy  of  the 
county;492  and  the  law  with  reference  to  personal  injuries 


220       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

caused  by  steam  engines  on  the  public  highways  was  slightly 
amended.493  Finally,  a  law  with  reference  to  the  construc- 
tion of  levees,  ditches,  drains,  or  changes  of  any  natural 
water-course  across  the  public  highway494  stipulated :  first, 
that  the  actual  cost  of  constructing  the  same  across  any 
public  highway  should  be  paid  for  by  the  township  trustees 
out  of  the  township  road  fund,  and  second,  that  "  whenever 
the  making  of  such  improvement  across  any  highway  neces- 
sitates the  building  of  a  bridge  over  the  same,  the  board  of 
supervisors  shall  build  and  construct  the 'same  and  pay  all 
costs  and  expenses  thereof  out  of  the  county  bridge 
fund."495 

An  example  of  the  somewhat  complex  character  of  local 
government  and  of  the  necessity  of  carefully  distributing 
the  tax  burden  in  proportion  to  benefits  received  is  to  be 
found  in  the  fact  that  it  was  further  specified  in  the  act  that 
whenever  any  highway  was  beneficially  affected  by  the  con- 
struction of  any  improvements  in  such  districts  "it  shall 
be  the  duty  of  the  commissioners  appointed  to  classify  and 
assess  benefits,  to  determine  and  return  in  their  report  the 
amount  of  the  benefit  to  such  highway,  and  notice  shall  be 
served  upon  the  clerk  of  the  township  in  which  said  high- 
way is  located  as  provided  in  case  of  an  individual  property 
owner. ' '  Finally,  the  law  specified  that  levees  and  drainage 
ditches  should  be  so  constructed  as  not  to  interfere  mate- 
rially with  travel  on  the  public  highways. 

It  is  not  too  much  to  say  that  the  creation  of  the  State 
Highway  Commission  by  the  General  Assembly  in  1904 
marked  an  important  turning  point  in  the  history  of  road 
legislation  in  Iowa.  Professor  T.  H.  McDonald,  who  had 
been  employed  as  assistant  in  charge  of  good  roads  investi- 
gation for  the  Commission,  was  also  made  secretary  of  the 
Iowa  Good  Eoads  Association.  Plans  were  laid  and  work 
was  commenced  along  strictly  scientific  lines.  With  the 
limited  funds  which  the  College  Board  of  Trustees  set  apart 


THE  STATE  HIGHWAY  COMMISSION  221 

for  the  purpose  of  road  investigation  it  was  possible  to 
make  only  small  beginnings. 

In  a  bulletin  entitled  The  Good  Roads  Problem  in  Iowa, 
dated  June,  1905,  Professor  McDonald  reviewed  the  early 
labors  of  the  Commission  and  outlined  a  constructive  pro- 
gram of  reform  along  the  line  of  road  legislation  and  ad- 
ministration. An  effort  was  made  to  investigate  road 
conditions  in  different  sections  of  the  State,  and  at  that 
time  road  maps  were  prepared  for  about  twelve  counties. 
A  preliminary  investigation  was  also  made  regarding  the 
amount  of  road  funds  raised  in  the  different  counties  and 
the  methods  and  results  of  the  expenditure  for  such  pur- 
poses. This  included  a  house  to  house  canvass  in  typical 
townships.  Finally,  the  investigation  of  road  materials  in 
Iowa  was  placed  in  the  hands  of  Professor  S.  W.  Beyer, 
whose  work  is  now  practically  ready  for  publication. 

It  was  estimated  at  that  time  that  Iowa  possessed  about 
one  hundred  thousand  miles  of  road  —  about  twenty-five 
thousand  miles  of  which  were  classed  as  main-traveled 
roads.  The  relation  between  the  price  of  farm  produce  and 
the  condition  of  public  highways,  the  amount  of  road  taxes 
in  the  various  funds,  the  subject  of  road  drainage  and  the 
use  of  the  King  Road  Drag,  road  culverts,  gravel  and  stone 
roads,  and  various  other  problems  were  carefully  discussed 
in  this  preliminary  report.  Professor  McDonald  pointed 
out  that  the  good  roads  problem  in  Iowa  was  how  to  spend 
the  money  already  being  raised  so  as  to  secure  one-hundred- 
cents-on-the-dollar  returns.  He  estimated  that  $1,000,000 
set  aside  annually  for  permanent  stone  or  gravel  roads 
would  give  the  State  from  three  hundred  and  fifty  to  five 
hundred  miles  of  stone  road  or  from  one  thousand  to  fifteen 
hundred  miles  of  gravel  road.496 

The  State  Highway  Commission  also  published  a  Manual 
for  Iowa  Highway  Officers  (dated  June,  1905)  which  was 
widely  distributed  and  which  has  rendered  an  important 


222       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

service  to  the  cause  of  the  good  roads  movement  along 
rational,  scientific  lines.  In  this  Manual  attention  is  called 
to  the  well  known  fact  that  the  rapid  development  of  rail- 
roads in  recent  years  had  attracted  the  attention  of  the 
people  from  the  importance  of  public  highways  as  agencies 
of  transportation.  In  this  connection  it  will  be  recalled 
that  prior  to  the  coming  of  the  railroads  the  Territory  and 
later  the  State  had  manifested  great  interest  in  and  had 
given  substantial  encouragement  to  the  building  of  perma- 
nent roads,  including  the  chartering  of  private  corporations 
with  authority  to  construct  graded  and  plank  roads.497  But 
in  reference  to  the  new  agitation  in  favor  of  permanent 
highway  improvement  in  1905  Professor  McDonald  was 
able  to  say :  "  At  the  inception  of  road  building  in  the  United 
States  the  leading  men  of  the  day  championed  the  move- 
ment, and  now  the  foremost  men  in  every  state  have  not 
only  given  its  revival  their  approval,  but  have  aided  its 
advancement  in  every  possible  manner.'7498 

The  Manual  for  Highway  Officers  contains,  besides  the 
data  noted  above,  chapters  dealing  with  the  topography  of 
Iowa,  a  brief  historical  statement  regarding  the  subject  of 
road  legislation  with  special  emphasis  on  the  Anderson 
road  law  enacted  in  1902  and  providing  for  the  consolida- 
tion of  road  districts  on  the  basis  of  civil  townships  and 
the  appointment  of  a  township  road  superintendent,  the 
work  of  the  Commission  itself,  the  importance  of  road 
dragging,  and  various  other  technical  problems  in  highway 
engineering,  including  the  location  of  roads,  drainage,  and 
the  proper  method  of  constructing  permanent  highways. 
It  is  declared  that  the  Anderson  law  has  been  quite  gener- 
ally disregarded  by  township  trustees.  The  law  contem- 
plated that  a  man  filling  that  important  position  should 
devote  his  full  time  to  the  work.  "Some  townships",  ac- 
cording to  the  Manual,  "have  appointed  several  men  to 
work  on  the  roads  and  called  them  road  superintendents 


THE  STATE  HIGHWAY  COMMISSION  223 

but  this  is  merely  a  modification  of  the  old  many-district 
system.  It  would  be  much  better  and  would  follow  the  re- 
quirements of  the  law  to  have  one  road  superintendent  for 
the  township  and  let  him  have,  if  necessary,  a  number  of 
assistants.  The  more  the  work  is  concentrated  under  one 
man  and  this  man  held  responsible  for  the  proper  expend- 
iture of  the  fund,  the  more  economical  will  be  the  adminis- 
tration of  the  road  funds  provided  the  proper  man  is 
selected  in  the  first  place.  "4" 

In  1905  the  Iowa  Good  Roads  Association  held  its  annual 
meeting  at  Ames  on  June  15th  and  16th.  In  his  address  of 
welcome,  Dean  Charles  F.  Curtiss  suggested  that  "an  in- 
ferior public  road  system  imposes  a  heavy  burden  upon  the 
people  who  live  under  it  and  it  is  only  a  prosperous  and 
rich  community  that  can  afford  to  bear  that  burden.  "50° 
President  T.  Gr.  Harper  emphasized  the  fact  that  the  road 
legislation  of  Iowa  was  the  product  of  pioneer  days.  "In 
every  department  of  business  activity  and  commercial 
enterprise",  said  Mr.  Harper,  "we  look  around  to  find  that 
we  have  gone  ahead  by  leaps  and  bounds,  but  in  the  matter 
of  common  road  making  we  find  ourselves  precisely  where 
our  pioneer  fathers  left  us."  In  his  opinion,  there  was  no 
more  important  question  before  the  people  of  Iowa  than  the 
road  question,  since  the  means  of  communication  and  trans- 
portation marked  the  high  or  low  civilization  of  any  people. 
Mr.  Harper  emphasized  the  importance  of  a  larger  unit  of 
road  administration.  "I  contend",  he  said,  "that  the  unit 
of  the  road  district  should  be  the  county  instead  of  the 
township.  There  should  be  a  county  superintendent  of 
roads  and  bridges  to  work  under  the  direction  and  juris- 
diction of  the  county  board  of  supervisors."501 

At  this  meeting  of  the  Association  a  number  of  excellent 
addresses  were  made  on  practical  subjects,  including  the 
questions  of  maintaining  and  repairing  highways,  road  laws 
in  Iowa,  weeds,  the  work  of  the  State  Highway  Commission, 


224       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

the  question  of  public  roads  considered  from  the  stand- 
point of  the  legislator,  stone  roads,  and  the  use  of  concrete 
in  culverts  and  bridges.  Attorney  General  Charles  W. 
Mullan  stated  that  in  his  opinion  all  road  work  should  be  let 
by  contract  to  the  lowest  responsible  bidder  and  placed 
under  the  supervision  of  a  competent  road  engineer.  It  was 
pointed  out  further  that  the  old  system  of  small  road  dis- 
tricts had  produced  two  results:  first,  a  wasteful  expend- 
iture of  the  public  funds;  and  second,  a  lack  of  concerted 
action  or  spirit  of  cooperation  in  the  building  of  a  connected 
system  of  highways.  ' i  The  abolishment  of  these  small  tax- 
ing districts ",  said  Mr.  Mullan,  "and  the  creating  of  road 
districts  co-extensive  with  the  townships  of  the  state,  have 
given  a  broader  field  of  action  and  to  a  large  degree  elim- 
inated the  local  penuriousness  which  so  long  predominated 
in  the  construction  and  repair  of  public  highways.  "502 

Hon.  F.  F.  Jones  of  Villisca,  the  author  of  the  law  cre- 
ating the  State  Highway  Commission,  delivered  an  address 
in  which  he  attributed  the  poor  condition  of  the  public  high- 
ways to  the  lack  of  definite,  scientific  knowledge  of  the 
elementary  principles  of  civil  engineering.  The  result  was 
a  waste  of  energy,  materials,  and  resources.  The  Iowa 
State  College  at  Ames,  he  declared,  was  selected  to  head 
this  important  enterprise  for  the  following  reasons : 

First  —  Because  it  is  continually  demonstrating  its  interest  in 
and  its  ability  to  serve  the  great  agricultural  interests  of  the  state : 
and  these  interests  are  the  greatest  beneficiaries  of  improved  roads. 

Second  —  Because  the  training,  experience,  ability,  organization, 
facilities,  and  men,  necessary  to  bring  the  largest  results,  are  there 
ready  to  be  thus  employed,  and  without  additional  burdens  of 
expense. 

Third  —  Because  the  farmers,  who  are  the  country  road-builders, 
have  such  confidence  in  this  institution  that  they  will  more  readily 
accept  instruction  and  recommendations  from  it  than  from  any 
other  source. 

Fourth  —  Because  the  college  officials,  when  approached  in  re- 


THE  STATE  HIGHWAY  COMMISSION  225 

gard  to  the  matter,  very  kindly  consented  to  undertake  and  prose- 
cute the  work  outlined  should  the  bill  become  a  law.503 

An  address  by  E.  W.  Weeks  of  Guthrie  Center,  entitled 
The  Legislator  and  The  Public  Roads  is  noteworthy  because 
of  the  emphasis  placed  on  the  importance  of  a  more  central- 
ized system  of  road  administration  —  especially  the  neces- 
sity of  creating  the  office  of  county  highway  commissioner. 
He  believed  that  by  pursuing  this  method  the  township  levy 
of  four  mills  could  be  abolished  and  the  county  levy  in- 
creased two  mills,  thereby  saving  two  mills  for  the  tax- 
payers. ' '  I  would  have  this  County  Highway  Commissioner 
have  charge  of  all  the  highways  within  the  county,  both 
constructive  and  maintaining.  Eliminate  all  township 
taxes  and  supervision,  turn  them  all  to  the  county  and 
County  Highway  Commissioner.  "504  While  this  was  no 
doubt  an  extreme  view,  it  nevertheless  indicates  an  im- 
portant tendency  of  the  present  day  along  different  lines  of 
social  and  economic  reform. 

In  its  first  annual  report  to  the  Governor  of  Iowa,  dated 
December  30,  1905,  the  State  Highway  Commission  empha- 
sized the  imperative  need  of  more  funds  to  carry  out  the 
work  required  by  law  and  recommended  the  desirability  of 
having  a  larger  percentage  of  road  taxes  expended  by 
county  authorities.  In  the  judgment  of  the  Commission 
there  should  be  a  county  engineer  appointed  by  the  board 
of  supervisors  and  placed  in  immediate  charge  of  road 
work,  who  in  turn  should  consult  the  State  Commission 
regarding  the  standard  plans  and  methods  of  construc- 
tion.505 The  report  contains  a  review  of  the  work  accom- 
plished by  the  Commission  under  the  following  headings: 
(1)  investigations,  (2)  experiments,  (3)  plans  and  publica- 
tions, and  (4)  the  road  school. 

A  discussion  of  the  general  topography  of  the  State  on 
the  basis  of  glacial  districts,  an  account  of  road  and  bridge 
work  carried  on  in  various  counties,  the  expenditure  of  the 

15 


226       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

different  road  funds,  and  a  number  of  closely  allied  prob- 
lems are  also  presented  in  this  first  annual  report.  The 
results  of  certain  experimental  work  along  the  line  of 
traction  resistance,  gravel  road  with  clay  binder,  stone 
roads,  and  certain  problems  in  concrete  are  also  included  in 
the  report.  That  is  to  say,  a  comprehensive  statement  of 
work  accomplished,  together  with  an  outline  of  the  future 
plans  and  policies  of  the  Commission,  was  now  laid  before 
the  Governor  and  the  General  Assembly. 

Agitation  for  good  roads  continued  and  gradually  crystal- 
ized  into  a  definite  policy.  On  January  11,  1906,  Governor 
Albert  B.  Cummins  addressed  a  communication  "To  the 
Boards  of  Supervisors  and  to  the  Associations  of  Every 
Kind  Organized  in  Aid  of  the  Development  of  the  State ", 
asking  that  the  board  of  supervisors  in  each  county  ap- 
point three  delegates  and  that  each  association  "of  what- 
ever kind,  organized  in  aid  of  development"  appoint  two 
delegates  to  attend  the  Third  Annual  Convention  of  the 
Iowa  Good  Roads  Association  to  be  held  at  Des  Moines  on 
February  7  and  8,  1906.  In  his  communication  the  Gov- 
ernor referred  especially  to  the  practical  value  of  the  King 
Drag  in  keeping  ordinary  dirt  roads  in  a  good  state  of 
repair.506 

Largely  as  a  result  of  the  campaign  of  education  carried 
on  by  the  State  Highway  Commission  and  the  Iowa  Good 
Eoads  Association  a  number  of  important  bills  dealing  with 
the  subject  of  roads  were  introduced  in  the  General  Assem- 
bly in  1906.  On  January  llth  a  bill  to  provide  for  working 
or  smoothing  public  highways  by  the  use  of  split  log  road 
drags  was  presented  by  Mr.  M.  Z.  Bailey  and  referred  to 
the  Committee  on  Highways.507  Bills  were  also  introduced 
to  increase  the  tax  levy  in  townships,508  to  amend  the  law 
regarding  the  appointment  of  a  township  superintendent 
of  roads,509  to  amend  the  law  regarding  the  collection  of 
road  taxes,510  to  amend  certain  sections  of  the  law  relating 


THE  STATE  HIGHWAY  COMMISSION  227 

to  levees,  drains,  and  water  courses,511  and  finally,  to  en- 
courage the  use  of  wagons  with  wide  tires  on  public  high- 
ways and  providing  for  a  rebate  of  a  portion  of  their  road 
tax  to  persons  using  wagons  with  tires  not  less  than  three 
inches  in  width  when  hauling  heavy  loads  on  the  public 
roads  and  highways.512  It  will  be  recalled  that  the  use  of 
the  split  log  road  drag  had  been  endorsed  by  the  State  High- 
way Commission  and  the  Iowa  Good  Roads  Association. 

The  proposition  to  abolish  the  office  of  county  surveyor 
and  substitute  in  lieu  thereof  that  of  county  engineer  was 
also  urged  by  a  great  many  advocates  of  road  reform  and 
endorsed  by  the  State  Highway  Commission.  Members  of 
the  committees  on  roads  and  highways  of  the  Senate  and 
House  of  Representatives  held  an  informal  joint  meeting 
to  hear  representatives  of  the  Iowa  Engineering  Society 
with  respect  to  the  desirability  of  legislation  along  this  line. 
The  Secretary  of  the  State  Highway  Commission  was  also 
present  and  spoke  in  favor  of  the  proposition. 

The  members  of  the  joint  committee,  however,  were  in 
doubt  concerning  the  necessity  of  such  an  office,  believing 
that  the  split  log  drag  and  better  drainage  would  solve  the 
road  question  in  the  rural  districts.  For  example,  one 
member  endorsed  the  wide  tire  idea  and  the  use  of  the  road 
drag;  but  he  "doubted  the  value  of  the  scheme  of  substi- 
tuting an  engineer  for  the  surveyor,  which  would  largely 
increase  the  expense.  "513  As  a  matter  of  fact  the  people  of 
Iowa  were  not  as  yet  ready  to  assimilate  a  substantial  pro- 
gram of  constructive  reform  along  the  line  of  road  admin- 
istration. 

The  Thirty-first  General  Assembly,  judged  from  the 
standpoint  of  road  legislation,  accomplished  very  little. 
Laws  relating  to  vehicles  with  wide  tires  and  the  dragging 
of  roads  were  about  the  only  constructive  measures  of  the 
session.  The  bills  introduced  in  the  House  and  Senate514 
amending  the  so-called  Anderson  law  providing  for  the  con- 


228       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

solidation  of  road  districts  and  the  appointment  of  a  town- 
ship superintendent  of  roads  were  of  a  reactionary 
character.  One  of  these  bills  gave  the  township  trustees 
the  power  to  divide  a  township  into  two  or  more  road  dis- 
tricts, the  superintendent  of  each  district  to  be  elected  by 
the  people.  It  was  suggested  that  after  a  trial  of  two  or 
more  years  the  people  of  a  given  locality  might  be  given  the 
right  to  return  to  the  township  basis.  The  bill  also  permit- 
ted the  road  tax  to  be  worked  out  rather  than  paid  in  cash.515 
In  short,  the  proposed  bills  were  destructive  and  reaction- 
ary in  three  important  respects :  first,  in  the  adoption  of  a 
decentralized  plan  of  road  administration;  second,  in  the 
principle  of  electing  the  local  road  superintendents;  and 
third,  in  the  payment  of  road  taxes  in  labor.  While  these 
measures  were  defeated,  a  backward  step  from  the  progres- 
sive legislation  of  1902  was  taken  in  the  passage  of  a  bill 
providing  for  the  appointment  of  not  to  exceed  four  town- 
ship road  superintendents,  which  had  been  introduced  by 
the  Senate  Committee  on  Highways.516 

In  the  meantime  the  Good  Roads  Convention,  to  which 
Governor  Cummins  had  on  January  llth  invited  the  boards 
of  supervisors  and  various  associations  to  send  delegates, 
convened  at  Des  Moines  and  listened  to  a  number  of  in- 
structive papers  dealing  with  almost  every  phase  of  the 
road  question.  The  primary  purpose  of  the  convention, 
however,  was  to  give  special  consideration  to  certain  bills 
then  pending  before  the  General  Assembly.  Under  date  of 
February  5th  the  following  statement  appeared  in  The 
Register  and  Leader: 

The  convention  will  take  up  the  discussion  of  several  laws  which 
are  to  be  presented  to  the  legislature  for  further  action  and  also 
the  discussion  of  laws  and  resolutions  that  are  now  before  the 
legislature.  One  resolution  has  to  do  with  the  changes  in  the  law 
to  promote  the  use  of  the  King  drag  throughout  the  state  and  the 
payment  of  the  same  out  of  the  township  road  fund.  The  conven- 


THE  STATE  HIGHWAY  COMMISSION  229 

tion  will  take  up  further  the  resolution  that  was  adopted  by  the 
recent  convention  of  the  road  supervisors  of  the  state  relative  to 
the  reduction  of  the  township  road  fund  from  4  mills,  as  it  now 
stands,  to  3  mills,  and  the  raising  of  the  county  road  fund  from  1 
to  2  mills,  thus  transferring  and  centralizing  the  control  of  the 
road  funds  to  the  supervisors.  The  law  in  regard  to  compensating 
wide  tires  which  is  already  before  the  legislature,  will  come  in  for 
discussion.  The  resolution  of  the  recent  Iowa  engineers'  meeting 
at  Des  Moines  in  recommending  the  extending  of  the  powers  of  the 
county  surveyor  and  making  him  the  consulting  engineer  of  the 
board  of  supervisors,  will  be  presented  for  discussion.517 

Mr.  D.  Ward  King  of  Maitland,  Missouri,  inventor  of  the 
King  road  drag,  addressed  the  convention  on  the  use  and 
practical  value  of  Ms  machine.518  Senator  Byron  W.  New- 
berry  spoke  on  the  merits  of  the  wide  tire  bill  which  he  had 
just  introduced  into  the  General  Assembly  and  referred  to 
the  fact  that  New  York,  California,  New  Jersey,  Ohio,  and 
Vermont  had  experienced  great  benefit  through  the  enact- 
ment of  similar  laws.  In  the  course  of  a  few  remarks  on 
the  general  subject  of  agriculture  and  the  public  roads,  Mr. 
Henry  Wallace,  editor  of  Wallace's  Farmer,  said  that  "as 
it  has  been  in  the  past,  we  have  been  obliged  to  market  our 
crops  in  about  three  months  in  the  year  —  that  is,  our  grain 
crop.  What  has  been  the  result?  Car  famine  and  incon- 
venience to  us,  to  the  railroads  and  to  everybody.  One  of 
the  best  ways  to  avoid  that  car  famine  and  a  congestion  of 
grain  in  the  great  markets  is  to  amend  our  ways  —  get  our 
roads  in  such  shape  that  we  can  haul  our  grain  to  town  any 
day  in  the  year.  That  can  be  done  and  it  can  be  done  over  a 
dirt  road."519  Mr.  Wallace  then  proceeded  to  give  a  prac- 
tical discussion  of  the  use  of  the  road  drag. 

Attorney  J.  C.  Davis,  representing  the  Northwestern 
Eailroad,  told  the  convention  that  "the  relations  between 
the  railroads  and  the  public  highways  are  of  the  most  in- 
timate and,  so  far  as  railroads  are  concerned,  dependent 
character.  .  .  .  When  you  arrive  at  the  last  analysis, 


230       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

and  find  the  bed  rock  upon  which  prosperity  depends, 
you  will  find  that  it  rests  largely  upon  the  farmer  of  Iowa, 
aided  by  the  facility  with  which  he  can  transport  his 
products  from  his  farm  to  the  railroad  station. ' '  52° 

From  the  standpoint  of  the  history  of  road  legislation 
and  administration  in  Iowa  the  most  important  address 
made  before  the  convention  was,  perhaps,  the  one  by  Hon. 
F.  F.  Jones  of  Villisca.  Mr.  Jones  spoke  with  emphasis 
concerning  the  loose  methods  employed  in  accounting,  the 
bad  management,  the  lack  of  training  on  the  part  of  road- 
builders,  and  the  absence  of  definite,  scientific  information 
regarding  the  general  subject  of  roads  and  bridges.  He 
suggested  that  the  State  Highway  Commission  had  been 
created  for  the.  express  purpose  of  remedying  these  de- 
fects. Up  to  date  there  had  been  nothing  but  chaos  in  the 
system  of  working  roads.  He  had  found  as  many  different 
opinions  in  the  General  Assembly  as  there  were  individual 
members  —  which,  in  his  judgment,  proved  that  there  ought 
to  be  provided  a  source  of  reliable,  scientific  information. 
Eegarding  the  location  of  the  State  Highway  Commission 
at  Ames,  Mr.  Jones  made  the  following  comment : 

Now,  I  might  mention,  that  Ames  was  chosen  as  the  seat  of  this 
Highway  Commission  for  several  reasons.  One  is  that  they  have 
the  brains  and  the  ability  and  the  Engineering  Department.  They 
have  the  equipment  and  the  organization.  .  .  .  There  is  per- 
haps no  institution  of  anything  like  the  character  that  has  the 
confidence  of  you  farmers  as  has  the  college  at  Ames.521 

At  the  close  of  the  convention  a  number  of  important 
resolutions  were  adopted,  endorsing  the  action  of  the  Gen- 
eral Assembly  in  passing  a  road  drag  law,  recommending 
an  increase  of  the  county  levy,  expressing  general  satis- 
faction with  the  work  done  by  the  State  Highway  Com- 
mission, and  recommending  that  appropriations  for  the 
support  of  the  work  be  increased.  No  action  was  taken, 
however,  regarding  the  desirability  of  abolishing  the  office 


THE  STATE  HIGHWAY  COMMISSION  231 

of  county  surveyor  and  of  establishing  in  lieu  thereof  the 
office  of  county  engineer.522 

The  good  roads  movement,  under  the  direction  of  the 
State  Highway  Commission  and  the  Iowa  Good  Roads  Asso- 
ciation, continued  to  make  progress,  although  the  forces  of 
reaction  were  at  work  at  the  same  time.  The  so-called 
Anderson  law,  which  in  its  original  form  had  provided  for 
a  consolidation  of  road  districts  on  the  township  basis  and 
the  appointment  of  one  superintendent  of  roads  for  each 
township,  had  met  with  constant  opposition  and  many  at- 
tacks. As  already  noted,  this  law  was  so  amended  in  1906 
as  to  authorize  the  appointment  of  not  to  exceed  four  road 
superintendents  in  each  township.  The  opponents  of  the 
law,  not  content  with  this  change,  seemed  determined  if 
possible  to  return  to  the  old  system  of  administrative  de- 
centralization; and  so  it  appears  that  in  1907  a  bill  was 
introduced,  which,  from  the  standpoint  of  efficient  road 
supervision,  embraced  three  reactionary  principles:  first, 
the  division  of  the  township  into  two  or  more  road  districts ; 
second,  the  election  of  road  superintendents;  and  finally, 
the  payment  of  road  taxes  in  labor.523 

According  to  the  bill  as  originally  introduced  the  division 
of  a  township  into  two  or  more  road  districts,  after  a  peti- 
tion signed  by  a  two-thirds  majority  of  freehold  voters  had 
been  presented,  was  made  optional  with  the  township  trus- 
tees. The  Committee  on  Roads  and  Highways,  however,  by 
substituting  "shall"  for  "may"  made  such  a  division 
mandatory.524  An  important  amendment  proposed  to 
strike  out  all  of  section  five,  which  provided  for  the  payment 
of  road  taxes  in  labor.525  The  fact  that  this  amendment  was 
defeated  by  a  vote  of  sixty- six  to  thirty-three  reveals  the 
fact  that  the  sentiment  of  the  House  at  that  time  was  op- 
posed to  the  payment  of  all  road  taxes  in  cash.  The  bill 
finally  passed  the  House  by  the  decisive  vote  of  seventy- 
three  to  twenty-seven,  but  was  indefinitely  postponed  by  the 
Senate.526 


232       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The  author  of  the  bill,  however,  was  not  to  be  defeated  in 
his  effort  to  bring  about  a  more  decentralized  system  of 
road  administration  without  a  further  contest.  It  appears 
that  a  bill  had  been  introduced  to  increase  the  road  tax 
levy  made  by  township  trustees  from  four  to  five  mills,527 
which  bill  had  been  so  amended  as  to  provide  ' '  that  one  mill 
or  necessary  portion  thereof  be  reserved  to  pay  benefits 
assessed  against  townships  in  drainage  districts.528  After 
being  referred  to  the  Committee  on  Eoads  and  Highways 
and  subjected  to  various  other  forms  of  parliamentary 
usage,  the  bill  was  finally  placed  in  the  hands  of  the  Com- 
mittee on  the  Judiciary.529 

On  March  6th  the  Committee  on  the  Judiciary  brought  in 
a  substitute  which  contained  a  provision  for  the  optional 
payment  of  two  mills  of  the  proposed  road  tax  in  labor.530 
An  earnest  effort  was  made  to  strike  this  particular  pro- 
vision from  the  bill.  Those  who  favored  the  objectionable 
provision  were  accused  of  being  disloyal  to  the  existing 
laws  and  it  was  suggested  that '  '  they  want  to  go  back  to  the 
old  system  of  the  road  work."  One  Eepresentative  re- 
ferred to  the  old  method  of  the  farmers  "killing  time, 
swapping  stories  and  horses  while  they  were  supposed  to 
be  working  out  road  taxes",  and  pointed  out  the  improved 
condition  of  the  highways  since  the  Anderson  law  had  been 
passed.531  The  bill,  including  the  labor  tax  provision, 
finally  passed  the  House  by  a  vote  of  fifty-eight  to  thirty- 
six,  only  to  be  indefinitely  postponed  by  the  Senate.532 

A  compromise  bill  was  introduced  in  the  House  which  the 
author  believed  would  curb  the  arbitrary  power  of  township 
trustees  and  thus  make  it  possible  for  every  taxpayer  to 
have  some  road  work  done  in  his  district.533  The  division 
into  small  road  districts  was  made  mandatory,  but  the  prin- 
ciples of  appointing  road  superintendents  and  of  paying 
road  taxes  in  money  were  both  retained.  It  was  provided, 
however,  that  "at  least  seventy-five  (75)  per  cent  of  the  tax 


THE  STATE  HIGHWAY  COMMISSION  233 

collected  from  each  road  district  shall  be  expended  in  the 
district  from  which  it  is  collected,  the  remaining  twenty-five 
(25)  per  cent  to  be  expended  at  the  discretion  of  the 
board."534  After  prolonged  consideration  this  bill  was 
finally  withdrawn  by  its  author.535 

It  does  not  appear  that  the  Thirty-second  General  As- 
sembly in  1907  was  prepared  to  enact  road  legislation  of 
far-reaching  importance.  The  following  laws,  for  the  most 
part  amendatory  in  character  and  dealing  largely  with 
special  subjects  rather  than  with  general  principles,  may 
be  mentioned:  (1)  a  law  authorizing  cities  of  the  first  class 
to  levy  taxes  on  all  the  taxable  property  within  such  city 
for  the  purpose  of  building  or  reconstructing  bridges  and 
to  issue  bonds  against  such  levies;536  (2)  a  law  providing 
that  all  roads  thereafter  established  should  be  "at  least 
sixty-six  feet  wide,  and  in  no  case  less  than  forty";537  (3) 
a  law  giving  boards  of  supervisors  certain  powers  to  pre- 
vent the  encroachment  of  streams  on  public  highways  and 
to  condemn  land  necessary  for  that  purpose ;  (4)  a  law  con- 
ferring upon  boards  of  supervisors  the  power  to  grant 
municipalities  the  use  of  the  public  highways  for  laying 
water  mains  and  pipes  and  fixing  the  liability  for  dam- 
ages;538 (5)  a  law  relating  to  the  method  of  making  pay- 
ments out  of  the  county  road  fund;  (6)  a  law  amending  the 
motor  vehicle  tax  law;539  (7)  a  law  providing  a  method  of 
administration  for  State  boundary  roads;  (8)  a  law  re- 
garding the  construction  of  street  railways  over  public 
roads;540  and  (9)  a  concurrent  resolution  providing  for  the 
publication  and  distribution  of  ten  thousand  copies  of  the 
report  of  the  Iowa  State  Highway  Commission.  The  filing 
fee  on  motor  vehicles  was  increased  from  one  to  five  dollars 
and  the  annual  fee  for  a  dealer 's  permit  was  placed  at  ten 
dollars.541 

During  the  biennial  period  following  the  1907  session  of 
the  General  Assembly  the  Iowa  State  Highway  Commission 


234       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

advocated  with  renewed  vigor  the  cause  of  good  roads.  In 
its  report  to  Governor  B.  F.  Carroll,  covering  the  years 
1907  and  1908,  the  Commission  made  a  careful  and  thorough 
review  of  the  work  which  had  been  accomplished,  and  sug- 
gested a  number  of  definite  changes  which  ought  to  be  made 
in  the  road  laws.  It  appears  that  since  its  establishment  in 
1904  the  Commission,  with  the  limited  funds  at  its  com- 
mand, had  endeavored  to  get  a  fairly  accurate  knowledge  of 
the  general  topography  of  the  State  and  to  gather  data 
relative  to  the  amount  and  character  of  traffic  over  the 
roads,  and  information  concerning  road  materials  and  the 
means  available  for  its  use  in  different  localities.  More- 
over, a  series  of  bulletins  had  been  issued,  representing  a 
substantial  amount  of  useful  preliminary  work  both  in  the 
laboratory  and  in  the  field. 

As  regards  legislation,  the  Commission  suggested  the 
following  changes :  first,  an  increase  in  the  expenditure  for 
systematic  road  dragging  which  should  be  placed  more  di- 
rectly under  the  supervision  of  the  road  superintendent; 
second,  the  desirability  of  purchasing  road  machinery  out 
of  the  county  funds  which  should  be  relatively  increased  for 
that  purpose,  that  is,  the  more  general  concentration  of 
road  funds  in  order  to  promote  economical  expenditure; 
third,  the  creation  of  the  office  of  county  engineer ;  fourth, 
the  enlargement  of  the  powers  of  the  State  Highway  Com- 
mission; fifth,  an  adequate  bridge  law  drafted  so  as  to 
secure  real  competition  in  the  letting  of  contracts ;  sixth,  a 
more  comprehensive  weed  law ;  and  seventh,  an  automobile 
tax  for  the  use  of  the  State.542 

With  reference  to  a  greater  concentration  of  road  funds, 
thus  making  the  county  a  more  important  unit  of  govern- 
ment from  the  standpoint  of  finance,  the  following  sugges- 
tions are  pertinent : 

It  must  be  recognized  that  the  township  funds  are  not  sufficient 
to  do  much  road  grading  as  the  handling  of  road  machinery  implies 


THE  STATE  HIGHWAY  COMMISSION  235 

not  only  trained  men  but  trained  horses  and  adequate  tools  and 
machinery.  As  a  rule  the  townships  have  an  investment  in  ma- 
chinery that  represents  the  entire  tax  one,  two  or  even  more  years 
and  it  is  equally  as  certain  that  not  much  of  this  machinery  is  used 
more  than  a  few  days  during  any  year,  or  adequately  housed  and 
cared  for  the  remainder  of  the  time.  .  .  .  It  is  clearly  impos- 
sible to  drag  the  roads,  build  culverts  and  do  much  road  work  with 
a  fund  totaling  $1,000.00  and  $1,500.00  per  year  and  the  logical 
step  is  to  make  the  county  road  fund  sufficiently  large  to  enable  the 
board  of  supervisors  to  keep  at  least  one  well  equipped  building 
crew  at  work  from  April  to  November.  By  decreasing  the  township 
road  fund  one  mill  and  adding  this  to  the  one  mill  county  road 
levy,  a  fund  of  about  $12,000.00  would  result  in  the  average 
county.543 

The  Commission  emphasized  the  fact  that  by  following 
the  policy  thus  outlined  all  the  main-traveled  roads  of  a 
county  might  be  put  in  excellent  shape  in  only  a  few  years ' 
time;  while  it  would  be  quite  impossible  to  accomplish,  the 
same  result  with  the  road  fund  divided  on  the  basis  of  civil 
townships.  In  other  words,  trained  supervisors,  on  the  one 
hand,  and  greater  concentration  of  road  funds,  on  the  other, 
were  recognized  to  be  an  imperative  necessity  from  the 
standpoint  of  the  good  roads  movement.  A  decrease  in  the 
township  road  fund  and  a  corresponding  increase  in  the 
county  road  fund,  it  was  declared,  "  would  result  in  differ- 
entiating the  work  of  road  building  and  road  maintenance ; 
the  one  belongs  properly  to  the  township  and  the  second  to 
the  county >'.544 

An  enlargement  of  the  powers  and  duties  of  the  State 
Highway  Commission  was  suggested  along  the  following 
lines :  to  collect  and  distribute  information  and  reports  from 
and  to  local  road  officials;  to  apportion  and  distribute  any 
State  or  national  aid  appropriation  for  road  improvement ; 
to  furnish  plans  for  permanent  roads,  bridges,  and  culverts ; 
to  supervise  the  construction  of  the  same,  and  aid  local 
authorities  in  letting  contracts  for  this  class  of  work;  to 


236       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

hold  ^meetings  for  the  instruction  of  road  officers  and  fur- 
nish competent  road  builders  and  inspectors  when  request- 
ed to  do  so  by  local  road  officials ;  to  carry  on  experiments 
in  order  to  determine  the  best  building  materials  and  the 
most  economical  forms  of  construction ;  and  finally,  to  make 
reports  to  the  Governor  regarding  work  accomplished  and 
render  a  detailed  account  of  all  money  expended.  This 
large  increase  in  the  powers  of  the  Commission,  together 
with  the  additional  office  of  county  road  engineer  and  the 
enlargement  of  county  funds  on  the  one  hand  and  of  State 
road  funds  on  the  other,  if  enacted  into  law  would  have 
produced  revolutionary  changes  in  the  whole  system  of 
road  administration. 

These  reforms,  however,  were  not  to  be  accomplished  in 
the  strenuous  session  of  1909.  It  is  true  that  the  State 
Highway  Commission,  the  Iowa  Good  Roads  Association, 
and  a  large  number  of  similar  organizations,  both  local  and 
statewide,  had  been  carrying  on  a  vigorous  campaign  of 
education  to  promote  the  cause  of  the  good  roads  move- 
ment ;  and  as  a  result  public  opinion  was  becoming  crystal- 
ized  and  a  large  group  of  thinking  men  favored  a  more 
economical  and  efficient  method  of  building  and  maintaining 
highways  and  bridges.  But  while  a  substantial  beginning 
had  been  made,  the  agitation  was  not  sufficiently  general  to 
convince  the  great  mass  of  taxpayers  and  thus  insure  the 
enactment  into  law  of  substantial  reforms  in  the  face  of  an 
opposition  that  was  making  every  effort  to  block  the  good 
roads  movement.  As  so  frequently  happens,  the  opposition 
to  reform  endeavored  to  accomplish  its  purpose  through  an 
appeal  to  the  prejudice  of  the  common  people  by  insisting 
that  the  good  roads  movement  was  striking  at  the  roots  of 
local  self-government.  Moreover,  it  was  alleged  that  this 
opposition  to  the  progressive  road  bills  originated  with  the 
bridge  companies  and  other  corporations  interested  in  the 
manufacture  and  sale  of  various  materials  and  the  ma- 


THE  STATE  HIGHWAY  COMMISSION  237 

chinery  used  in  the  construction  of  roads,  culverts,  and 
bridges. 

About  fifty  bills  relating  directly  or  indirectly  to  the 
general  subject  of  roads  and  bridges  were  introduced  into 
the  General  Assembly  in  1909.  Some  of  these  measures 
were  of  a  progressive,  while  others  were  of  a  decidedly  re- 
actionary character.  The  recommendations  of  the  State 
Highway  Commission  formed  the  basis  of  proposed  legis- 
lation along  the  line  of  the  creation  of  a  county  highway 
engineer,  a  more  efficient  road  drag  law,  the  formation  of 
road  improvement  districts,  the  destruction  of  noxious 
weeds,  the  tax  on  motor  vehicles,  and  an  enlargement  of  the 
powers  of  the  Commission  itself.  The  bill  upon  which  the 
opponents  of  reform  centered  their  efforts  provided  for  a 
more  decentralized  system  of  road  administration,  the  elec- 
tion of  road  superintendents,  and  the  payment  of  road  taxes 
in  labor.545 

Space  will  not  permit  of  a  detailed  analysis  of  the  many 
important  road  bills  considered  by  the  Thirty-third  General 
Assembly.  To  appreciate  the  character  of  the  arguments 
urged  for  and  against  the  good  roads  movement  it  is  only 
necessary  to  outline  briefly  a  few  of  the  bills  that  became 
the  storm  center  of  popular  discussion.  First  of  all,  men- 
tion should  be  made  of  the  bill  introduced  by  Eepresentative 
John  C.  Bonwell  to  create  a  State  Highway  Commission, 
defining  its  powers  and  duties,  and  providing  a  system  of 
State  aid  or  reward  through  the  cooperation  of  the  State 
with  townships  and  counties  in  the  improvement  of  public 
roads.546  By  this  bill  it  was  provided  that  the  Iowa  State 
College  of  Agriculture  and  Mechanic  Arts  at  Ames  should 
act  as  a  State  Highway  Commission  and  as  such  "be 
charged  with  the  giving  of  instruction  in  the  art  of  build- 
ing, improving  and  repairing  public  wagon  roads  and 
bridges,  collecting  reports  from  township  trustees,  boards 
of  supervisors,  superintendents  and  street  commissioners 


238       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

in  cities  and  towns,  and  with  the  distribution  of  any  State 
reward  for  improving  the  public  wagon  roads  that  may  be 
provided  by  the  Legislature  and  any  funds  that  may  be 
given  to  the  State  for  such  purposes  by  the  United  States 
government.  "547  Road  superintendents  and  street  commis- 
sioners were  obliged  to  make  sworn  reports  to  the  Com- 
mission, which  in  turn  through  its  highway  engineer  was 
required  to  furnish  plans  and  specifications,  give  expert 
advice  under  certain  conditions,  study  the  quality  and  cost 
of  various  kinds  of  road  material,  keep  a  record  of  its  pro- 
ceedings, and  in  fact  exercise  general  supervision  over  the 
highways  of  the  State. 

Perhaps  the  most  significant  feature  of  the  bill  was  the 
provision  for  State  reward  to  be  distributed  by  the  High- 
way Commission  on  application  of  the  township  trustees 
"  notifying  the  department  that  the  township  has  made  ar- 
rangements to  improve  a  mile  or  more  of  public  wagon 
road  by  building  a  clay  gravel,  a  gravel,  a  stone  gravel,  a 
gravel  stone,  a  macadam,  or  a  King  drag  clay  road".  The 
distribution  of  the  State  reward  fund  was  in  sums  from 
fifty  dollars  to  one  thousand  dollars  per  mile,  depending 
upon  the  character  of  the  proposed  highway.  The  amount 
to  be  given  to  any  particular  township  was  limited,  and  an 
appropriation  of  $40,000  was  made  for  the  year  ending 
June  30,  1910,  and  $60,000  for  the  year  ending  June  30, 
1911.  In  other  words,  the  Bonwell  bill  provided  for  a  State 
commission  clothed  with  real  power  and  authority  and  out- 
lined a  system  of  State  aid  or  reward. 

In  a  bill  along  practically  the  same  lines,  but  which  was 
somewhat  more  radical  in  character,  provision  was  made  for 
a  State  highway  commissioner  whose  salary  was  fixed  at 
$4,000  per  annum.548  On  the  whole,  this  measure  was  not 
prepared  with  the  same  care  and  thorough  study  of  detail 
as  that  presented  by  Representative  Bonwell.  Finally, 
mention  should  be  made  of  a  bill  introduced  by  the  Com- 


THE  STATE  HIGHWAY  COMMISSION  239 

mittee  on  Roads  and  Highways  providing  for  an  appropri- 
ation of  $20,000  for  the  State  Highway  Commission.549 

Again,  bills  were  introduced  which  provided  in  one  way 
or  another  for  creating  the  office  of  county  road  engineer. 
In  this  connection  the  measures  presented  by  Representa- 
tives S.  M.  Corrie  and  Charles  W.  Hackler  formed  the  basis 
of  discussion.550  That  introduced  by  Representative  Hack- 
ler authorized  the  county  board  of  supervisors  to  appoint 
a  county  highway  engineer  and  fix  his  salary  —  at  not  less 
than  nine  hundred  dollars  nor  more  than  twenty-four 
hundred  dollars  per  annum.  This  county  engineer  was  to  be 
a  resident  of  Iowa  "skilled  in  laying  of  drains,  bridges, 
culverts  and  road  building  and  general  road  work,  and  he 
shall  have  a  practical  knowledge  of  civil  engineering.  "551 

The  official  to  be  thus  appointed  was  clothed  with  large 
powers  and  authority,  having  general  supervision  over  the 
highways  of  his  county.  He  was  to  be  custodian  of  all  tools 
and  machinery  belonging  both  to  the  township  and  the 
county;  have  direct  supervision  over  road  superintendents 
and  the  expenditure  of  all  county  and  township  funds;  be 
responsible  for  the  construction  and  maintenance  of  cul- 
verts, bridges,  and  roads ;  approve  all  claims  for  road  work 
done  under  contract  before  warrants  were  issued;  inspect 
the  condition  of  the  roads,  culverts  and  bridges  of  each 
township  as  often  as  practicable;  file  with  the  board  of 
supervisors  a  statement  of  the  condition  of  the  roads  and 
the  amount  of  money  available  for  each  township;  and 
finally  he  was  to  call  an  annual  meeting  at  the  county  seat 
of  all  road  superintendents  and  township  trustees  of  the 
county.  Briefly  stated,  the  bill  made  the  county  a  vastly 
more  important  unit  of  local  government  from  the  stand- 
point of  road  administration.  The  county  highway  engineer 
was  to  be  a  necessary  connecting  link  between  the  numerous 
local  officials  representing  the  civil  townships  on  the  one 
hand,  and  between  similar  local  districts  and  the  State 
Highway  Commission  on  the  other. 


240       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The,  bill  presented  by  Eepresentative  Corrie  would  have 
accomplished  the  following  changes:  first,  an  increase  of 
the  county  road  fund  by  the  levy  of  a  tax  of  not  to  exceed 
three  mills  on  the  dollar;  second,  the  selection  of  certain 
roads  to  be  known  as  county  roads,  at  a  joint  meeting  of  the 
board  of  supervisors  and  one  or  more  of  the  township 
trustees  of  each  township ;  and  third,  the  appointment  of  a 
county  highway  engineer.  It  was  further  provided  that 
eighty  per  cent  of  all  taxes  should  be  expended  in  the  town- 
ship where  collected.552 

Mention  should  also  be  made  in  this  connection  of  an- 
other measure,  introduced  by  Representative  John  H. 
Darrah,  providing  for  the  issuance  of  bonds  for  construct- 
ing permanent  highways,  bridges,  culverts,  levees,  drains, 
and  ditches  and  the  appointment  of  a  county  road  engi- 
neer.553 When  to  these  measures  are  added  the  various 
bills  providing  for  the  destruction  of  noxious  weeds,554  the 
dragging  of  public  roads,555  the  efficient  collection  of  road 
taxes,556  and  the  taxation  of  motor  vehicles,557  it  is  evident 
that  a  substantial  body  of  constructive  road  legislation  was 
embodied  in  the  bills  introduced  in  the  Thirty-third  General 
Assembly. 

The  Greater  Des  Moines  Committee,  the  State  Highway 
Commission,  and  various  other  organizations  sent  repre- 
sentatives to  plead  for  the  passage  of  the  different  good 
roads  bills.  The  greatest  obstacle  to  overcome,  however, 
was  the  apathy  and  spirit  of  conservatism  which  prevailed 
among  the  people  —  a  condition  which  resulted  from  a  lack 
of  definite,  scientific  knowledge  relative  to  the  road  and 
bridge  question.  Moreover,  it  would  appear  from  the  fol- 
lowing newspaper  comment  that  bridge  companies  were 
active  in  opposing  any  bills  which  had  for  their  object  a 
change  in  the  bridge  laws: 

Good  road  advocates  are  up  against  a  spirit  of  apathy  and  con- 
servatism among,  members  of  the  Iowa  legislature  that  now  threatens 


THE  STATE  HIGHWAY  COMMISSION  241 

to  postpone  the  passage  of  laws  for  accomplishing  anything  like 
statewide  improvement  of  road  for  at  least  another  two  years. 

Bridge  men  have  sent  representatives  to  Des  Moines  to  oppose 
all  legislation  which  provides  for  more  careful  supervision  of  bridge 
work  and  which  would  destroy  the  monopoly  which  they  now  enjoy. 

On  Thursday  evening  several  bridge  men  asked  Chairman  Bon- 
well  of  the  house  roads  Committee  to  meet  with  them  at  the  Savery 
hotel.  At  this  meeting  they  argued  against  all  bills  now  in  the 
hands  of  the  committee  which  would  affect  bridge  work. 

Mr.  Bonwell  asked  them  what  they  would  recommend  in  place  of 
these  bills,  and  according  to  him  the  bridge  men  declared  the  laws 
should  be  left  as  they  are.558 

The  forces  of  opposition,  however,  were  not  content  with 
defeating  what  the  State  Highway  Commission  and  the 
friends  of  the  good  roads  movement  regarded  as  construc- 
tive legislation,  but  seemed  determined  to  attack  the  most 
beneficial  features  of  the  general  system  of  road  adminis- 
tration already  in  existence.  As  has  been  noted,  a  bill  was 
introduced  which  had  for  its  purpose  the  amendment  of  the 
Anderson  law  in  such  a  way  as  virtually  to  accomplish  its 
repeal. 

This  bill  embodied  three  principles  which  good  roads 
advocates  considered  as  outworn  relics  of  pioneer  road 
legislation,  namely:  first,  a  multiplicity  of  small  road  dis- 
tricts as  provided  for  by  Iowa  statutes  sixty  years  ago; 
second,  the  election  of  road  superintendents ;  and  finally,  the 
payment  of  road  taxes  in  labor.  Among  other  provisions 
the  bill  stipulated  that  "when  the  township  is  so  divided  the 
electors  of  each  road  district,  at  the  regular  annual  election 
of  the  even-numbered  year  shall  elect  a  road  superintendent 
for  the  term  of  two  years'',  and  further  that  "in  townships 
which  are  divided  into  two  or  more  road  districts  the  town- 
ship trustees  shall  permit  resident  property  owners  to 
work  out  all  or  part  of  their  property  road  tax  for  the  year 
in  which  said  tax  is  assessed,  and  shall  at  their  regular 

16 


242       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

annual  meeting  in  April  determine  the  amount  of  tax  to  be 
paid  in  labor  and  the  amount  to  be  paid  in  cash."559 

Before  this  measure  passed,  however,  some  of  its  more 
objectionable  provisions  were  eliminated.  The  Committee 
on  Roads  and  Highways  introduced  an  amendment  pro- 
viding that  "not  to  exceed  seventy-five  per  cent"  of  the 
road  tax  should  be  paid  in  labor.560  In  the  Senate,  on 
motion  of  Senator  Larrabee,  the  amount  of  road  taxes 
which  could  be  paid  in  labor  was  reduced  to  fifty  per  cent.561 
The  bill,  as  finally  passed  retained  the  principles  of  (1) 
election  rather  than  appointment  of  road  superintendents, 
(2)  small  road  districts,  and  (3)  as  a  compromise,  the  pay- 
ment of  one-half  the  property  road  tax  in  labor.  In  other 
words,  the  law  represented  what  many  people  looked  upon 
as  a  backward  step  from  the  road  legislation  that  had  been 
enacted  in  1902. 

Out  of  a  total  of  nearly  fifty  bills  relating  to  roads  and 
bridges  which  had  been  introduced  in  1909  approximately 
fifteen  were  enacted  into  law ;  but  aside  from  the  bill  which 
has  just  been  outlined,  a  bill  to  promote  the  building  of 
permanent  roads  which  had  been  introduced  by  Senator 
Fred  N.  Smith,562  and  possibly  the  bill  relating  to  the  de- 
struction of  noxious  weeds,  the  remaining  measures  were  of 
a  more  or  less  special  or  amendatory  character  and  did  not 
affect  in  any  important  way  the  general  machinery  of  road 
administration. 

Among  the  various  enactments  may  be  mentioned  an  act 
providing  that  roads  and  highways  within  and  adjacent  to 
State  lands  should  constitute  a  separate  road  district  and 
be  placed  under  the  supervision  of  the  governing  board  of 
the  particular  institution.563  Finally,  the  road  legislation  of 
1909  embraced  the  following  laws :  a  law  authorizing  boards 
of  supervisors  to  grant  the  use  of  public  highways  for  erect- 
ing and  maintaining  poles  and  wires  for  the  transmission  of 
electricity  and  fixing  the  liability  for  damages;564  a  law 


THE  STATE  HIGHWAY  COMMISSION  243 

relating  to  the  county  road  and  county  drainage  funds;565 
a  law  relative  to  the  erection  of  guideboards;566  a  law  deal- 
ing with  the  trimming  of  osage  orange,  willow,  and  other 
hedge  fences;567  a  more  stringent  road  drag  law;568  and 
finally,  a  law  providing  for  the  regulation  of  traction  en- 
gines and  automobiles.569 

With  reference  to  the  dragging  of  roads,  it  was  made  the 
duty  of  township  trustees  to  "have  all  the  main  traveled 
roads,  including  mail  routes,  in  their  townships  dragged  at 
such  time  as  in  their  judgment  is  most  beneficial,  and  they 
shall  contract  at  their  April  meeting  to  have  a  given  piece 
of  road  dragged  at  a  rate  not  to  exceed  fifty  cents  per  mile 
for  each  mile  traveled  in  dragging.  "57°  The  law  further 
specified  that  where  it  was  deemed  necessary  not  less  than 
forty  per  cent  of  the  road  tax  collected  under  the  levy  made 
by  the  township  trustees  on  land  abutting  the  road  or  ad- 
jacent thereto  should  be  worked  out  on  such  road. 

The  law  to  promote  the  building  of  permanent  roads  in 
the  State  and  providing  for  the  establishment  of  road  im- 
provement districts  is  worthy  of  special  study.  Viewed 
from  the  standpoint  of  the  general  system  of  road  adminis- 
tration, this  was  the  only  really  constructive  act  of  the 
session.  The  board  of  supervisors  was  clothed  with  "juris- 
diction, power  and  authority  at  any  regular,  special  or 
adjourned  session,  to  establish  permanent  road  improve- 
ment district  or  districts  and  to  cause  to  be  constructed  as 
hereinafter  provided,  by  grading,  guttering  and  curbing 
and  paving  or  macadamizing  permanent  highways,  and  to 
provide  for  the  making  and  reconstruction  of  any  such  high- 
way improvement  and  to  assess  not  less  than  fifty  per  cent 
of  the  cost  thereof  on  abutting  or  adjacent  property  as  pro- 
vided in  this  act,"571  In  order  to  provide  funds  for  carry- 
ing out  the  purposes  of  the  act,  the  board  of  supervisors 
was  authorized  to  levy  a  tax  of  not  more  than  two  mills  on 
the  dollar  of  the  assessed  value  of  taxable  property  in  the 


244       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

county,  including  all  taxable  property  in  cities  and  incor- 
porated towns.  Counties  having  the  mulct  tax  might  use 
all  or  any  part  of  the  same  for  permanent  road  improve- 
ments. 

The  friends  of  the  good  roads  movement,  however,  were 
not  to  be  defeated  in  their  ultimate  purpose  to  secure  sub- 
stantial reforms.  Good  roads  associations  in  almost  every 
section  of  the  State,  commercial  clubs,  chambers  of  com- 
merce, and  similar  organizations  of  a  progressive  character 
renewed  their  efforts  to  educate  the  people  as  to  the  im- 
portance of  a  better  system  of  highways.  The  State  High- 
way Commission  continued  to  be  the  real  force  guiding  the 
movement  on  a  conservative  basis  and  along  strictly  scien- 
tific lines. 

The  conflicting  views  with  reference  to  road  administra- 
tion were  perhaps  nowhere  more  sharply  defined  than  in 
the  Good  Roads  Convention  which  met  at  Des  Moines  on 
March  8  and  9,  1910,  pursuant  to  the  call  of  Governor 
Carroll.  Senator  Lafayette  Young  was  chosen  to  act  as 
chairman  of  the  convention,  and  the  opening  address  was 
delivered  by  the  Governor.  Everything  proceeded  har- 
moniously until  the  vital  point  was  reached,  namely,  the 
proposition  to  create  the  office  of  county  road  engineer. 
Then  the  storm  broke  which  resulted  in  the  defeat  of  this 
particular  resolution.572 

The  opposition  endeavored  to  make  it  appear  that  the 
leaders  in  the  good  roads  movement  were  attempting  to 
destroy  local  self-government.  Furthermore,  one  delegate 
referred  to  the  county  road  engineer  as  *  *  a  scheme  to  create 
more  offices,  as  a  useless  expense  which  would  be  productive 
of  no  better  roads  and  would  be  a  burden  upon  the  peo- 
ple. "573  Another  delegate  believed  that  "the  plan  of 
County  engineer  meant  merely  giving  places  to  a  lot  of 
boys  from  college  without  accomplishing  anything. "  A 
gentleman  from  Monroe  County  said  that  "they  did  not 


THE  STATE  HIGHWAY  COMMISSION  245 

have  to  go  to  the  colleges  to  get  men  capable  of  using  the 
level. "  A  delegate  from  Lucas  County  declared  that  "a 
County  engineer  would  cost  $1800.00  to  $2400.00  a  year  and 
not  a  spade  full  of  dirt  thrown.  "574 

The  real  nature  and  purpose  of  these  arguments  is  ap- 
parent to  the  critical  reader.  As  a  matter  of  fact  thinking 
men  are  coming  more  and  more  to  realize  that  it  requires 
as  much  engineering  skill  to  prepare  plans  and  specifica- 
tions for  a  permanent  road  or  the  building  of  a  concrete 
bridge  as  it  does  to  draw  plans  for  railroad  construction. 
Indeed,  this  obvious  fact  was  recognized  by  no  less  an 
authority  than  Professor  J.  W.  Jenks  a  quarter  of  a  century 
ago.575  Those  who  contend  that  it  requires  no  special  train- 
ing and  expert  knowledge  to  supervise  highway  and  bridge 
work  are  thinking  the  thoughts  of  their  pioneer  ancestors 
and  speaking  strictly  in  terms  of  pioneer  life. 

At  the  Good  Eoads  Convention  which  met  in  Des  Moines 
on  December  28,  1910,  immediately  preceding  the  conven- 
ing of  the  Thirty-fourth  General  Assembly,  more  sub- 
stantial results  were  obtained.  The  following  resolution, 
drafted  by  a  committee  composed  of  Senator  N.  Balkema, 
J.  W.  Foster,  W.  F.  Stipe,  C.  H.  Thomas,  and  F.  T.  Morris, 
was  adopted : 

Resolved.  1.  That  in  the  interest  of  simplicity  we  favor  a  re- 
writing, of  the  road  laws  of  the  state  into  a  single  act. 

2.  That  we  favor  the  compulsory  dragging  of  earth  roads  and 
the  creation  of  a  non  divertible  drag  fund. 

3.  That  we  favor  a  simple  system  of  road  management  under  a 
centralized  authority  which  shall  work  through  skilled  and  com- 
petent appointed  officers. 

4.  That  we  favor  some  form  of  state  aid  to  encourage  good  road 
building. 

5.  It  is  the  sense  of  this  conference  that  an  increased  per  cent 
of  our  road  funds  be  entrusted  to  the  management  of  the  Board 
of  Supervisors. 


246       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The  name  of  Mr.  F.  T.  Morris,  at  that  time  a  member  of 
the  Polk  County  board  of  supervisors,  was  not  signed  to 
the  resolution.  In  fact,  Mr.  Morris  presented  the  following 
minority  report : 

Be  it  resolved  by  the  State  Good  Roads  Conference  in  session 
assembled,  that  it  is  the  sense  of  said  conference  that  the  County 
Road  funds  of  each  County  of  the  State  of  Iowa  be  placed  in  the 
hands  of  the  Boards  of  Supervisors  of  the  various  counties  of  the 
State  for  expenditure,  in  the  employment  of  an  Engineer  at  such 
time  as  they  may  deem  best,  and  at  a  price  they  may  fix,  and  they, 
the  Board  of  Supervisors  to  have  supervision,  and  direction  of  all 
work.576 

After  a  somewhat  animated  battle  of  words  this  reso- 
lution of  the  minority  report  failed  by  only  two  votes ;  but 
later  in  the  session  it  was  again  brought  up  and  defeated 
by  a  large  majority.577  Indeed,  the  conference,  after  listen- 
ing to  a  number  of  instructive  addresses,  went  on  record  in 
favor  of  State  aid,  a  complete  revision  of  the  present  road 
laws,  the  centralization  of  authority  in  the  hands  of  trained 
engineers,  and  the  compulsory  dragging  of  roads.  Judge 
H.  E.  Deemer  made  an  able  plea  in  behalf  of  a  graduated 
tax  on  motor  vehicles. 

When  the  General  Assembly  convened  in  January,  1911, 
the  issues  in  reference  to  road  administration  were  more 
clearly  defined  than  ever  before.  Arguments  in  favor  of  a 
more  economical  and  efficient  plan  of  caring  for  roads  had 
been  presented  in  every  section  of  the  State  and  given  wide 
circulation  through  the  columns  of  weekly  and  daily  papers. 
Moreover,  the  Iowa  State  Highway  Commission  in  its  re- 
port to  the  State  Board  of  Education  for  the  biennial  period 
from  July  1,  1908,  to  July  1,  1910,  gave  a  brief  history  of 
the  work  of  the  Commission  since  it  had  been  organized  in 
1904  and  outlined  somewhat  definitely  the  essential  features 
of  a  scientific  system  of  road  and  bridge  administration. 
Among  other  statements  the  following  is  suggestive : 


THE  STATE  HIGHWAY  COMMISSION  247 

The  amount  spent  in  the  state  annually  from  which  no  results  are 
obtained  would,  with  the  Commission  adequately  supported,  be 
reduced  very  materially.  With  adequate  state  supervision,  the 
$5,000,000.00  spent  annually  on  the  roads  and  bridges  would  show 
results  more  consistent  with  the  big  expenditure.  The  record  of 
incompetent  and  frequently  flagrantly  dishonest  handling,  of  con- 
tracts, special  bridge  contracts,  pools  and  agreements  in  restraint 
of  competition  and  the  erection  of  flimsy  and  inefficient  structures 
and  disorganized  methods  of  road  work,  would  be  in  only  a  few 
years  almost  completely  revolutionized.  For  such  work  the  in- 
tegrity and  solidity  of  an  institution  such  as  the  college  is  needed.578 

As  an  aid  to  the  General  Assembly  in  drafting  road  legis- 
lation along  the  most  approved,  scientific  lines,  the  Com- 
mission prepared  an  outline  of  a  proposed  law  providing 
for  surfaced  roads,  and  also  submitted  a  brief  to  the  com- 
mittees on  highways  in  favor  of  the  good  roads  bills.  With 
reference  to  a  law  providing  for  surfaced  roads,  it  was 
shown  that  all  work  undertaken  along  this  line  should  be 
entirely  on  the  initiative  and  at  the  option  of  the  property 
owners  themselves.  The  part  of  the  cost  of  such  improve- 
ment paid  by  the  State  should  "  serve  as  a  nucleus  about 
which  to  gather  the  local  resources  and  would  offer  the  ad- 
vantage of  supervision  by  trained  men. ' '  As  suggested,  the 
plan  contemplated  the  organization  of  improvement  dis- 
tricts upon  the  petition  of  the  property  owners,  following 
the  successful  experience  of  a  number  of  good  roads  States. 

It  was  proposed  that  the  board  of  supervisors  should 
establish  the  improvement  districts  on  the  recommendation 
of  the  State  Highway  Commission,  the  cost  of  improve- 
ments to  be  shared  in  equal  parts  by  the  State,  the  county, 
and  the  improvement  district.  The  part  paid  by  the  State 
was  to  come  from  a  license  tax  on  automobiles,  and  that  paid 
by  the  county  from  the  mulct  tax  or  from  the  regular 
county  road  fund  which  should  be  increased  for  that  pur- 
pose. The  remaining  third  of  the  cost,  to  be  paid  by  the 
improvement  district,  was  left  with  a  local  commission, 


248       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

"appointed  to  assess  the  benefits  against  the  abutting  and 
the  adjacent  acres  in  proportion  to  the  benefits  derived  from 
the  improvements. ' '  Thus  the  State  Highway  Commission 
presented  a  thoroughly  scientific  plan  based  upon  the  suc- 
cessful experience  of  other  States.579 

In  a  more  comprehensive  brief,  presented  at  a  joint  meet- 
ing of  the  highway  committees  of  the  General  Assembly,  the 
State  Highway  Commission  outlined  the  following  essential 
points :  first,  that  constructive  principles  should  prevail  in 
all  matters  presented  before  the  committees,  or  in  other 
words,  that  an  appeal  should  always  be  made  to  reason  and 
not  to  popular  prejudice;  second,  that  all  main-traveled, 
rural  route  roads  should  be  dragged  frequently ;  third,  that 
roads  should  be  properly  drained  and  the  hills  reduced  to 
the  lowest  practicable  grades ;  and  fourth,  that  culverts  and 
bridges  should  be  built  safely,  permanently,  and  economic- 
ally. It  was  also  clearly  stated  that  the  advocates  of  the 
good  roads  movement  had  in  mind  the  strengthening  of  the 
county  as  a  unit  of  local  government  and  not  the  assumption 
of  local  rights  by  the  State.  Finally,  the  joint  committee 
was  informed  that  the  road  drag  law,  though  mandatory  on 
paper,  had  never  been  carefully  enforced,  due  partially  to 
the  lack  of  a  specific  and  definite  system  and  partially  to  the 
absence  of  intelligent  supervision  and  control. 

With  reference  to  the  grading  and  draining  of  roads  the 
Commission  emphasized  the  fact  that  the  county  is  the  only 
practicable  unit  to  do  this  class  of  work  efficiently.  From 
the  very  nature  of  the  case,  township  funds  were  inadequate 
for  the  obtaining  of  skilled  men  —  the  inevitable  result 
being  wastefulness  on  the  one  hand  and  inefficiency  on  the 
other.  The  work  in  Dallas  County  had  proved  the  force  of 
these  arguments.  Uniform  road  sections,  proper  grades, 
and  the  best  system  of  drainage  and  of  contract  plans  rep- 
resented a  class  of  work  which  could  be  done  properly  only 
by  men  of  experience  who  possessed  a  sufficient  knowledge 
of  engineering. 


THE  STATE  HIGHWAY  COMMISSION  249 

The  reasoning  which  applied  to  the  proper  grading  of 
roads,  drainage,  and  similar  problems  was  even  more  ap- 
plicable in  the  case  of  culverts  and  bridges.  The  State 
Highway  Commission  maintained  that  the  heavy  traffic 
under  present  economic  conditions  required  the  construc- 
tion of  permanent  and  more  substantial  bridges,  whereas 
in  the  past  little  or  no  attention  had  been  given  to  the 
manner  in  which  vast  sums  of  money  had  been  expended 
for  this  purpose.  Then  it  was  shown  that  the  loose  and 
unbusinesslike  methods  of  supervision  and  control  on  the 
part  of  local  officials  had  resulted  in  excessive  prices  and 
light,  unsafe  structures.  The  opposition  to  constructive 
reform,  according  to  the  statement  of  the  Commission, 
"centers  around  the  bridge  and  culvert  question.  Some 
prejudiced  opposition  comes  from  the  trustees  and  farmers, 
but  the  careful  calculated  organized  opposition  has  only  one 
source.  "58° 

In  conclusion,  the  following  definite  recommendations 
were  made  by  the  Commission:  first,  a  drag  fund,  not  di- 
vertible;  second,  all  money  spent  for  road  grading  and 
tiling  should  be  handled  by  the  county;  third,  bridges  and 
culverts  should  be  let  by  public  contract  except  in  the  case 
of  bridges  of  the  smaller  sizes;  and  finally,  each  county 
should  have  in  its  employ  a  man  trained  and  experienced  to 
superintend  and  inspect  the  expenditure  of  road  and  bridge 
funds,  namely,  a  county  road  engineer. 

The  Iowa  Engineering  Society  also  appointed  a  com- 
mittee to  submit  a  synopsis  of  the  different  road  bills  then 
(1911)  pending  before  the  General  Assembly.  The  Greater 
Des  Moines  Committee,  the  Commercial  Club  of  Des 
Moines,  and  numerous  other  associations  took  an  active 
interest  in  supporting  the  cause  of  good  road  legislation. 

The  opposition,  however,  was  even  more  active  than  in 
1909.  The  methods  adopted  to  defeat  the  good  roads  bills 
represented  an  appeal  to  prejudice  rather  than  to  reason.581 


250       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Nothing  was  said  by  the  opposition  about  the  wastefulness 
and  inefficiency  of  the  old  system,  nor  was  any  explanation 
made  as  to  why  such  a  vast  sum  of  public  revenue  was 
annually  expended  without  securing  more  substantial  re- 
sults. 

As  a  matter  of  fact,  appeals  to  prejudice  proved  to  be 
more  effective  than  appeals  to  reason  in  1911.  Public 
opinion  had  not  sufficiently  crystalized  to  bring  adequate 
pressure  on  the  General  Assembly  to  counteract  the  opposi- 
tion. The  taxpayers  were  not  informed  and  therefore  were 
either  inactive  or  in  some  cases  gave  their  moral  support  to 
the  opposition.  Out  of  nearly  fifty  bills  which  were  pre- 
sented to  the  General  Assembly  dealing  with  the  subject  of 
roads  and  bridges  only  three  or  four  of  any  special  im- 
portance were  enacted  into  law.  The  others  were  for  the 
most  part  buried  in  the  highway  committees  and  did  not 
reach  the  floor  of  the  General  Assembly. 

Of  the  House  bills  the  following  received  the  most  general 
discussion  throughout  the  State:  (1)  an  act  to  completely 
revise  the  whole  system  of  road  laws,  introduced  by  Repre- 
sentative Ulysses  G.  "Whitney;582  (2)  an  act  creating  the 
State  Highway  Department  and  establishing  a  State  High- 
way Commission  and  the  office  of  State  Highway  Engineer, 
introduced  by  Eepresentative  Edwin  H.  Fourt;583  and 
finally,  an  act  relating  to  the  registration  of  motor  vehicles, 
regulating  their  use,  and  providing  for  the  expenditure  of 
license  fees  and  funds,  introduced  by  Representative  David 
E.  Kulp.584  Other  important  bills  relating  to  road  drag- 
ging, drainage  of  roads,  and  the  destruction  of  noxious 
weeds  might  also  be  mentioned.  In  the  Senate  the  so-called 
Whitney  bill  was  introduced  by  Senator  Nicholas  Balk- 
ema,585  and  a  measure  to  create  a  State  Highway  Depart- 
ment was  presented  by  Senator  C.  H.  Van  Law.586 

Space  will  not  permit  of  a  detailed  analysis  of  the  va- 
rious bills  which  were  proposed.  Those  mentioned  above 


THE  STATE  HIGHWAY  COMMISSION  251 

were  drafted  largely  on  the  basis  of  the  recommendations 
of  the  State  Highway  Commission  and  had  the  general  sup- 
port of  those  interested  in  the  good  roads  movement. 
Several  of  the  leading  bills  may  with  profit  be  briefly  sum- 
marized. The  bill  introduced  in  the  House  by  Eepresenta- 
tive  Whitney  and  in  the  Senate  by  Senator  Balkema 
provided  for:  first,  the  consolidation  of  road  districts  on 
the  basis  of  the  civil  township,  thus  following  the  original 
Anderson  law  of  1902;  second,  the  office  of  county  road 
engineer;  third,  the  letting  of  contracts  by  competition  to 
the  lowest  responsible  bidder;  fourth,  a  more  comprehen- 
sive road  drag  provision;  and  fifth,  a  complete  revision  of 
the  law  regarding  bridges,  drainage,  and  culverts.  The 
fundamental  principle  of  the  bill  was  greater  administrative 
efficiency  —  to  be  brought  about,  in  the  first  place,  by  trans- 
ferring duties  and  functions  from  smaller  sub-districts  to 
the  civil  township,  which  was  to  be  made  the  smallest  unit 
of  local  government  from  the  standpoint  of  road  adminis- 
tration; and  in  the  second  place,  by  the  consolidation  of 
greater  powers  in  the  hands  of  the  county  board  of  super- 
visors operating  through  an  efficient  county  engineer. 

The  Fourt  bill  in  the  House  and  the  Van  Law  bill  in  the 
Senate  supplemented  the  Whitney  and  Balkema  bills  by 
providing  adequate  State  machinery  of  road  administra- 
tion. The  student  of  political  science  is  familiar  with  the 
fact  that  in  dealing  with  any  comprehensive  problem  of 
administration  like  public  education,  public  roads,  or  public 
revenue,  there  must  be  some  definite  system  of  State  super- 
vision and  control,  otherwise  the  local  machinery  of  ad- 
ministration in  the  counties  and  civil  townships  can  not 
operate  harmoniously.  In  other  words,  the  several  areas 
and  phases  of  administration  from  the  township  or  sub- 
district  to  the  State  should  be  closely  related  and  carefully 
interwoven,  so  as  to  form  one  definite,  workable,  harmoni- 
ous system. 


252       HISTOEY  OF  ROAD  LEGISLATION  IN  IOWA 

Now  it  is  evident  that  the  county,  from  the  standpoint  of 
practical  administration,  is  a  necessary  connecting  link  be- 
tween the  civil  township  on  the  one  hand  and  the  State  on 
the  other  —  a  fact  which  has  too  often  been  overlooked  by 
the  lawmakers  of  Iowa.  The  Whitney  and  Balkema  bills 
outlined  a  definite,  workable  system  for  the  counties  and 
civil  townships,  in  which  the  responsible  head  was  a  county 
road  engineer  to  be  appointed  by  the  county  board  of  super- 
visors and  subject  to  their  general  supervision  and  control. 
The  Van  Law  and  Fourt  bills  provided  for  a  State  Highway 
Commission  clothed  with  large  powers  and  authority,  and 
outlined  a  system  of  State  aid  or  reward.  In  the  former 
measure  State  funds  were  to  be  raised  by  a  license  tax  on 
automobiles,  while  the  Fourt  bill  levied  an  additional  quar- 
ter of  a  mill  on  all  the  taxable  property  of  the  State. 

When  it  became  evident,  toward  the  close  of  the  session, 
that  there  was  no  hope  of  passing  these  bills,  the  good  roads 
advocates  were  determined,  if  possible,  to  save  something 
from  the  wreck  and  by  so  doing  provide  an  entering  wedge 
for  constructive  legislation  in  the  future.  Accordingly,  the 
highway  committees  of  both  the  Senate  and  the  House  intro- 
duced a  bill  which  was  clearly  a  compromise  measure.587 
By  its  provisions  the  board  of  supervisors  was  vested  with 
authority  * '  to  employ  a  competent  person  who  shall  perform 
all  of  the  duties  now  belonging  to  the  office  of  county  sur- 
veyor, and  who  may  now  be  employed  by  them  for  the 
purpose  of  making  plans  and  specifications  for  the  grading, 
repairing  and  building  of  roads,  bridges  and  culverts  and  to 
perform  such  other  duties  as  the  board  of  supervisors  may 
determine/'588  For  the  grading  and  building  of  roads  a 
county  road  building  fund  was  to  be  created  by  the  levy  of 
a  tax  of  not  more  than  two  mills  on  the  dollar  of  assessed 
valuation.  Finally,  the  bill  required  the  trustees  to  select  a 
township  superintendent  of  dragging  and  make  contracts 
for  the  dragging  of  the  highways. 


THE  STATE  HIGHWAY  COMMISSION  253 

It  will  be  observed  that  the  provision  relating  to  the  ap- 
pointment of  a  county  road  engineer  had  the  appearance  of 
being  a  harmless  compromise  for  two  reasons:  first,  the 
system  was  entirely  optional  with  the  county  board  of 
supervisors ;  and  second,  the  individual  selected  was  to  be 
a  " competent  person7' — which  of  course  means  something 
or  nothing  according  to  the  wishes  of  those  in  authority. 
Nevertheless,  it  was  a  small  recognition  of  the  necessity  of 
more  intelligent  supervision  and  control  of  county  road  and 
bridge  work,  and  of  the  desirability  of  having  a  connecting 
link  between  the  local  officials  and  the  State  Highway  Com- 
mission. 

Under  date  of  March  20th  the  following  comment  ap- 
peared in  The  Register  and  Leader: 

A  good  roads  bill  making  important  changes  in  the  present  road 
laws  has  been  prepared  by  the  house  committee  on  roads  and  high- 
ways. .  .  .  The  measure  gives  new  powers  to  the  county 
boards  of  supervisors  and  regulates  the  levying  of  taxes  and  the 
powers  and  duties  of  the  township  trustees.589 

Moreover,  as  proof  of  the  compromise  character  of  the 
act,  the  following  statement  is  significant:  "The  measure  is 
the  first  of  several  which  good  roads  enthusiasts  hoped  to 
have  passed  by  this  legislature."590  When  finally  passed, 
the  bill  was  characterized  as  "one  of  the  most  important 
road  measures  before  the  General  Assembly ",  including  as 
it  did  "many  of  the  features  of  other  bills  concerning  the 
regulation  of  road  work."591 

In  concluding  the  discussion  of  road  legislation  of  1911  a 
brief  reference  at  least  should  be  made  to  the  new  road  drag 
law  and  the  so-called  Kulp  bill  regulating  motor  vehicles, 
levying  license  fees,  and  providing  for  the  distribution  of 
the  same.  As  originally  introduced,  the  Kulp  bill  provided 
for  a  registration  fee  of  eight  dollars  on  motor  vehicles 
having  a  rating  of  twenty  horse  power  and  less,  and  an 
additional  forty  cents  per  horse  power  above  that  amount. 


254       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

After-  the  vehicle  had  been  used  four  years  the  fee  was  to  be 
fixed  at  half  the  regular  amount;  and  the  rate  on  motor 
vehicles  used  solely  for  commercial  purposes  was  placed  at 
five  dollars.  Finally,  all  funds  obtained  under  the  pro- 
visions of  the  act  were  to  be  distributed  equally  among  the 
counties  and  designated  as  the  "County  Motor  Vehicle 
Eoad  Fund",  which  was  to  be  used  for  the  following  pur- 
poses only:  "the  dragging,  graveling  or  macadamizing  of 
public  highways  outside  of  the  limits  of  cities  and  towns, 
and  for  the  building  of  permanent  culverts  on  such  high- 
ways. "592 

As  finally  enacted  into  law,  the  Kulp  bill  provided  for  the 
payment  of  an  annual  fee  of  fifteen  dollars  for  the  registra- 
tion or  re-registration  of  any  electric  or  steam  motor 
vehicle,  also  an  annual  fee  of  three  dollars  for  the  regis- 
tration or  re-registration  of  a  motor  bicycle  or  motor  cycle. 
In  the  statute  as  approved  no  distinction  was  made  be- 
tween ordinary  motor  vehicles  and  those  used  for  com- 
mercial purposes.  The  method  of  distributing  the  funds, 
however,  as  provided  in  the  law  is  very  different  from  the 
plan  outlined  in  the  original  bill.  Fifteen  per  cent  of  the 
tax  is  now  retained  in  the  State  treasury  and  the  remaining 
eighty-five  per  cent  is  "apportioned  among  the  several 
counties  of  the  state  in  the  same  ratio  as  the  number  of 
townships  in  the  several  counties  bear  to  the  total  number 
of  townships  in  the  state  ",593 

As  already  suggested,  this  bill  created  much  enthusiasm 
among  the  friends  of  the  good  roads  movement  throughout 
the  State  —  especially  among  owners  of  and  dealers  in 
automobiles.  Indeed,  it  received  more  publicity  than  any 
other  road  measure  considered  by  the  Thirty-fourth  Gen- 
eral Assembly.  In  the  consideration  of  the  bill  the  chief 
point  of  controversy  was  the  distribution  of  the  tax  ob- 
tained from  this  source.  Some  people  wanted  the  whole 
amount  to  be  retained  in  the  State  treasury  and  used  as  a 


THE  STATE  HIGHWAY  COMMISSION  255 

State  aid  fund;  others  believed  that  all  the  tax  should  be 
distributed  among  the  counties  as  provided  in  the  original 
Kulp  bill ;  and  still  others  desired  a  different  plan. 

Eegarding  the  desirability  of  retaining  all  of  the  tax  in 
the  State  treasury,  an  editorial  in  The  Register  and  Leader, 
entitled  Automobile  Taxation,  contains  the  following  in- 
structive statement: 

Apart  from  this  legal  reason  for  eliminating,  the  local  taxes  on 
automobiles,  there  is  this  further  reason : 

All  special  sources  of  revenue,  like  automobile  taxes,  telephone 
and  telegraph  taxes,  railroad  taxes,  hunters'  license  taxes  and 
others  that  might  be  named,  ought  to  be  granted  exclusively  to  the 
state.  .  .  . 

If  the  state  were  given  exclusively  the  revenue  from  these  sources, 
it  would  in  time  make  unnecessary  a  state  tax  levy  on  other  prop- 
erty.594 

When  the  bill  providing  for  a  tax  on  automobiles  was 
pending  before  the  General  Assembly  opinions  were  freely 
expressed  by  almost  every  class  of  citizens.  A  gentleman 
representing  the  Commercial  Club  of  Des  Moines  declared 
that  "Des  Moines  is  willing  to  pay  her  share  of  the  expense 
of  improving  Iowa  roads  if  the  money  is  expended  ju- 
diciously ".  "I  believe  that  90  per  cent  of  the  auto  owners 
will  sanction  the  Kulp  bill,"  said  a  prominent  dealer  in 
motor  vehicles.595  With  reference  to  the  method  of  dis- 
tributing the  funds,  the  following  comment  was  made : 

A  generous  slice  of  the  automobile  tax  pie  provided  for  in  Repre- 
sentative Kulp's  automobile  and  good  roads  bill  was  reserved  for 
the  state  of  Iowa  yesterday  afternoon  by  the  members  of  the  house 
committee  on  ways  and  means.  .  .  V; 

Fifteen  per  cent  of  the  fund  is  to  go  into  the  general  fund  of  the 
state  as  the  bill  stands  with  the  amendment  of  the  ways  and  means 
committee.596 

Finally,  "An  Act  to  repeal  chapter  one  hundred  one  (101) 
of  the  laws  of  the  thirty-third  general  assembly  and  to  enact 


256       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

a  substitute  therefor  relating  to  the  dragging  of  public 
highways  and  providing  penalty  for  failure  to  perform  such 
duties ' ',  should  not  be  overlooked.  This  measure  had  been 
introduced  and  ably  supported  by  Eepresentative  E.  H. 
Cunningham  of  Buena  Vista  County.597  Briefly  stated,  the 
law  as  finally  passed  made  it  the  duty  of  township  trustees 
to  divide  the  public  roads  of  the  township  into  permanent 
road  dragging  districts,  "designate  what  districts  shall  be 
dragged,  which  must  include  all  mail  routes  and  all  the  main 
traveled  roads  within  the  township ",  and  appoint  a  super- 
intendent of  dragging  to  serve  for  one  year  unless  sooner 
removed  by  the  board.598  The  trustees  were  also  required 
to  furnish  suitable  road  drags  for  the  township,  paying  for 
the  same  out  of  the  township  road  fund,  it  being  further 
stipulated  that  the  superintendent  of  dragging  shall  "cause 
all  roads  to  be  dragged  that  the  township  trustees  may  from 
time  to  time  direct  at  such  times  as  in  his  judgment  is  most 
beneficial. " 

While  the  law  as  thus  enacted  was  doubtless  an  improve- 
ment upon  previous  legislation  dealing  with  the  subject,  it 
was  still  defective  from  two  important  standpoints :  first, 
the  tax  set  aside  for  that  purpose,  being  limited  to  fifty 
cents  per  mile,  is  not  adequate  to  produce  satisfactory  re- 
sults ;  and  second,  the  superintendent  of  dragging  should  be 
clothed  with  larger  powers  and  authority  and  held  directly 
responsible  for  the  work. 

Again  defeated  in  their  efforts  to  place  the  administration 
of  roads  and  bridges  on  an  economical  and  efficient  basis,  the 
friends  of  the  good  roads  movement  were  more  determined 
than  ever  before  to  reveal  to  the  taxpayers  of  Iowa  the  real 
condition  of  road  affairs.  While  a  number  of  organizations 
were  active  along  this  line,  the  Des  Moines  Commercial 
Club  and  the  leading  daily  papers  of  that  city  proceeded  to 
make  an  investigation  of  the  methods  of  building  bridges 
and  supervising  road  work  which  had  been  employed  in 
Polk  County  by  the  board  of  supervisors. 


THE  STATE  HIGHWAY  COMMISSION  257 

After  a  preliminary  investigation  the  Des  Moines  Com- 
mercial Club  commenced  proceedings  against  a  member  of 
the  board  of  supervisors  of  Polk  County  under  the  Cosson 
law.  Space  will  not  permit  of  a  detailed  account  of  this 
important  case.  It  may  be  noted,  however,  that  the  State 
Highway  Commission  was  employed  to  make  a  careful,  de- 
tailed study  of  all  the  bridges  in  Polk  County,  prepare  a 
map  showing  the  location  of  all  bridges,  and  file  a  report. 
At  the  same  time,  an  equally  thorough  investigation  was 
made  of  the  records  in  the  County  court  house.  The  follow- 
ing statements  from  the  Des  Moines  Daily  Capital  will  give 
the  reader  an  idea  of  the  charges  made  against  the  Polk 
County  supervisor  at  the  time  the  suit  was  filed. 

It  is  claimed  that  he  practically  turned  the  entire  building  inter- 
ests of  his  district  over  to  N.  M.  Stark,  permitting  the  erection  of 
more  than  $100,000.00  worth  of  concrete  structures  during  Ms 
term,  without  ever  asking  a  competitive  bid,  without  ever  requiring 
the  submission  of  plans,  designs,  specifications  or  estimates.  It  is 
claimed  that  he  never  saw,  let  alone  checked  a  single  itemized  bill 
for  a  completed  bridge;  that  no  bridges  were  properly  inspected 
during  the  building;  that  he  caused  to  be  torn  down  good  wooden 
bridges  to  permit  the  erection  of  concrete  bridges ;  that  lie  neglected 
scores  of  wooden  bridges  in  his  district,  using  up  his  bridge  funds 
on  comparatively  few  concrete  structures,  the  total  number  of  con- 
crete bridges  being  only  about  one-fifth  of  the  total  number  of 
bridges  in  his  district ;  that  he  caused  concrete  bridges  to  be  erected 
on  spur  roads  with  no  outlet,  presumably  to  favor  some  political 
friends;  that  he  neglected  important  bridges  in  dangerous  condi- 
tions on  main  traveled  roads ;  that  he  has  kept  no  accurate  records  of 
his  bridges,  their  cost  of  construction,  blue  prints  or  any  data  or 
records  by  which  the  people  can  determine  what  their  money  has 
been  paid  out  for  or  upon  which  they  can  determine  the  kind  of 
basis  settlement  was  made  with  the  N.  M.  Stark  Company.599 

Professor  Thomas  H.  McDonald,  acting  for  the  State 
Highway  Commission,  made  a  survey  of  Polk  County  and 
prepared  a  map  and  a  report  as  requested  by  the  Des 

17 


258       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Moin.es  Commercial  Club.  The  result  was  a  confirmation  of 
practically  every  one  of  the  charges  above  outlined.  In- 
cidentally, Professor  McDonald  made  the  following  sugges- 
tions relative  to  the  letting  of  contracts  for  bridge  work 
which  are  worthy  of  study : 

The  structure  should  be  designed  by  a  competent  bridge  engineer ; 
the  letting  of  the  contract  should  be  conducted  under  the  super- 
vision of  said  engineer;  never  ask  contractors  to  bid  on  a  bridge 
where  each  contractor  is  bidding  on  his  own  plan;  demand  sealed 
bids  on  one  design  only ;  on  small  jobs  have  the  county  engineer  put 
in  a  bid  on  the  work  for  the  county  itself ;  consider  only  sealed  bids 
and  require  a  substantial  deposit  with  each  proposal;  see  that  the 
county  gets  what  it  pays  for;  a  competent  inspector  should  be 
maintained  on  the  work  who  will  see  that  the  provisions  of  the  plans 
and  specifications  are  rigidly  enforced;  each  and  every  member  of 
the  bridge  must  be  inspected  and  particular  attention  must  be  given 
to  the  following :  a.  concrete  —  to  see  that  it  is  properly  propor- 
tioned, mixed  and  deposited,  b.  pile  driving  —  to  see  that  the 
piles  are  of  proper  size  and  have  sufficient  penetration,  c.  all 
tension  members  must  be  uniformly  stressed.  The  bridge  should 
receive  a  test  load  in  order  to  determine  whether  or  not  it  is  suf- 
ficiently strong  for  the  purpose  intended ;  in  the  event  the  bridge  is 
to  be  paid  for  on  a  percentage  basis,  complete  and  itemized  accounts 
should  be  furnished,  showing  materials  used  and  labor  performed, 
and  these  should  be  carefully  checked ;  and  a  guarantee  should  be 
required  of  the  contractor.600 

The  Polk  County  case,  however,  did  not  come  to  trial. 
Consequently  all  of  the  evidence  was  not  presented  and 
perhaps  will  never  be  known  to  the  public.  The  supervisor 
against  whom  the  suit  was  filed  resigned  before  the  case 
was  brought  to  trial,  giving  to  the  press  a  detailed  state- 
ment of  the  reasons  for  his  resignation,601  and  his  example 
was  followed  by  another  member  of  the  board. 

In  this  connection  it  may  be  noted  that  proceedings  sim- 
ilar to  those  instituted  in  Polk  County  were  begun  in 
Clinton  County  in  April,  1912.  A  petition  signed  by  a  num- 


THE  STATE  HIGHWAY  COMMISSION  259 

ber  of  citizens  of  that  county  requested  the  grand  jury  to 
make  a  careful  investigation  of  the  letting  of  bridge  con- 
tracts during  the  last  five  years,  "to  ascertain  whether  the 
prices  were  reasonable  or  excessive,  and  if  excessive,  to  fix 
the  blame  for  such  excess".602  Grave  irregularities  have 
repeatedly  been  charged  against  the  supervisors  of  Clinton 
County  in  connection  with  the  alleged  letting  of  bridge  con- 
tracts without  competition  to  the  Clinton  Bridge  and  Iron 
Works. 

The  State  Highway  Commission  was  promptly  employed 
to  make  an  investigation  of  the  bridges  in  Clinton  County 
similar  to  that  made  in  Polk  County.  Field  engineers  were 
set  to  work  and  a  large  amount  of  data  was  gathered.  At 
the  same  time  the  grand  jury  continued  its  investigations, 
assisted  by  expert  counsel  and  accountants.  As  a  result 
twelve  men,  including  Mr.  George  E.  Wilson,  Jr.  of  the 
Clinton  Bridge  and  Iron  Works,  were  indicted  by  the  grand 
jury  on  September  5th,  and  the  case  is  now  pending  in  the 
courts.603 

In  conclusion,  an  idea  of  the  amount  of  money  expended 
in  Iowa  for  road  and  bridge  purposes  during  the  period 
under  consideration  can  be  gained  from  the  following  table : 

TABLE  II 
EOAD  AND  BBIDGE  EEVENUES  1903-1911 

EOAD  TAXES 

YEAR  BRIDGE  TAX  COUNTY  TAX  TOWNSHIP  TAX 

1903 $1,628,720.88  $547,309.92  $2,283,129.65 

1904 1,947,423.53                  559,409.42  1,749,395.23 

1905 1,923,431.81                  518,535.71  1,773,304.08 

1906 1,967,546.02                  520,779.54  1,804,483.83 

1907 2,178,028.09                 556,173.16  1,909,988.03 

1908 2,180,381.45                 575,374.39  1,890,573.04 

1909 2,563,193.78                  602,389.31  1,903,479.64 

1910 2,756,659.45                  618,666.52  2,028,096.47 

1911 3,059,319.68                  724,760.74  2,644,168.66 

It  should  be  noted,  however,  that  the  amounts  given  in 
this  table  do  not  include  the  road  tax  paid  in  labor.  There 
is  apparently  no  way  of  determining  the  amount  thus  paid, 
since  it  seems  that  the  amount  of  taxes  worked  out  on  the 


260       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

roads  is  not  even  certified  to  the  county  auditors,  let  alone 
to  the  State  Auditor.  Furthermore,  it  should  be  noted  that 
the  amount  of  township  taxes  given  for  the  year  1903  really 
included  more  than  one  year,  on  account  of  a  change  from 
the  labor  to  the  cash  system. 

It  is  apparent  that  the  last  eight  years  of  the  history  of 
road  legislation  in  Iowa  have  been  characterized  by  two 
distinct  forces.  First,  there  has  existed  a  force  the  object  of 
which  has  been  to  amend  and  modify  the  Anderson  law  of 
1902  which  provided  for  the  consolidation  of  road  districts 
on  the  basis  of  the  civil  township,  the  appointment  of  one 
township  road  superintendent,  and  the  payment  of  road 
taxes  in  money.  The  chief  result  of  the  activities  along  this 
line  was  the  law  of  1909,  which  authorized  the  division  of  a 
township  into  road  districts,  the  election  of  road  district 
supervisors,  and  the  payment  of  one-half  of  the  road  tax  in 
labor.  The  other  force  has  been  the  progressive  good  roads 
movement  which  has  had  for  its  purpose  the  payment  of  all 
property  road  taxes  in  money,  the  enlargement  of  the 
county  road  fund,  the  appointment  of  a  trained  county 
engineer,  a  State  aid  policy,  and  finally,  the  strengthening 
of  the  powers  of  the  State  Highway  Commission.  Coupled 
with  this  dual  tendency  toward  progress  on  the  one  hand, 
and  reaction  on  the  other,  there  appears  a  more  distinct  line 
of  separation  between  township  and  county  functions, 
judged  from  the  standpoint  of  road  supervision  and  control. 

Indeed,  it  may  be  said  that  at  the  present  time  there  are 
at  least  three  distinct  spheres  of  authority  in  road  matters 
which  will  be  generally  recognized  both  by  the  practical  man 
and  by  the  scientific  investigator:  first,  State  functions; 
second,  county  functions ;  and  third,  township  functions.  It 
is  hardly  necessary  to  observe  that  the  local  road  district, 
or  subdivision  of  a  civil  township,  is  an  antiquated  and 
altogether  useless  relic  of  pioneer  conditions. 


THE  STATE  HIGHWAY  COMMISSION  261 

The  State  Highway  Commission  and  the  leaders  in  the 
good  roads  movement,  however,  have  made  continued  ef- 
forts to  overcome  the  forces  of  opposition.  The  1904  ses- 
sion of  the  General  Assembly  not  only  defeated  the 
strenuous  effort  made  to  return  to  the  sub-district  system, 
but  it  took  a  most  important  forward  step  by  creating  a 
State  Highway  Commission.  It  will  be  generally  admitted 
that  the  law  which  established  a  State  Highway  Commission 
marked  an  important  turning  point  in  the  history  of  road 
administration  in  Iowa.  Up  to  the  present  time  this  Com- 
mission has  only  been  given  authority  to  collect  certain  data 
and  furnish  expert  advice  when  requested  to  do  so.  While 
the  appropriation  for  the  support  of  the  Commission  has 
been  wholly  inadequate  to  produce  the  best  results  even 
from  the  standpoint  of  expert  service,  it  may  be  said  that 
a  vast  amount  of  useful  work  has  already  been  accom- 
plished. Since  1904  efforts  have  been  made  to  enlarge  the 
powers  of  the  Commission,  to  secure  additional  appropria- 
tions, and  in  fact  to  provide  a  comprehensive  system  of 
State  aid.  Indeed,  State  highway  commissions  have  al- 
ready become  the  leaders  of  reform  along  the  line  of  ef- 
ficient road  administration  in  a  large  group  of  States.  But 
the  good  roads  movement  embraces  vastly  more  than  the 
creation  of  a  State  Highway  Commission. 

The  county  is  generally  recognized  throughout  the  United 
States  as  being  a  very  important  unit  of  local  government 
along  many  lines,  including  the  supervision  of  highways. 
In  fact  the  county  is  a  necessary  connecting  link  between  the 
civil  township,  which  has  always  possessed  large  powers 
and  authority,  and  the  State.  Moreover,  it  is  a  sufficiently 
large  area  and  possesses  enough  taxable  property  to  pur- 
chase expensive  road  machinery,  construct  bridges,  and 
engage  in  the  work  of  permanent  highway  improvement. 
When  it  is  considered  that  the  township  is  too  small  a  unit 
of  local  government  to  undertake  improvements  which  re- 


262       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

quire,  large  expenditures  of  money  and  the  employment  of 
expert  service,  it  is  apparent  that  if  these  important  func- 
tions are  to  be  kept  close  to  the  people,  thus  preserving  the 
maximum  amount  of  local  self-government,  the  county 
should  be  made  a  more  important  unit  of  road  and  bridge 
administration  —  especially  from  a  fiscal  standpoint. 
These  considerations  are  at  the  basis  of  the  demand  which 
has  been  made  again  and  again  for  creating  the  office  of 
county  road  engineer. 

In  view  of  the  vast  sums  of  money  which  are  annually 
expended  in  every  county  of  Iowa,  either  by  the  county 
board  of  supervisors  or  by  the  various  boards  of  township 
trustees,  and  in  view  of  the  necessity  of  using  this  money 
to  the  best  possible  advantage  in  constructing  culverts,  re- 
enforced  concrete  bridges,  and  in  building  permanent  roads, 
the  advantage  of  having  a  trained  civil  engineer  and  prac- 
tical road  builder  to  prepare  plans  and  specifications  and 
supervise  work  must  be  apparent  to  every  thoughtful  per- 
son. In  fact,  Professor  J.  W.  Jenks,  writing  for  the 
American  Economic  Association  nearly  a  quarter  of  a 
century  ago,  recognized  the  obvious  fact  that  it  requires  the 
same  engineering  skill  to  construct  bridges  and  build  perma- 
nent roads  as  to  be  a  successful  railroad  engineer.  Until 
trained  experts  are  employed,  the  townships  and  counties 
will  continue  to  waste  at  least  one-half  of  the  people's 
money  raised  in  the  form  of  taxation  for  this  class  of  work. 

At  the  same  time  the  important  functions  of  the  civil 
township  in  road  matters  should  neither  be  overlooked  nor 
underestimated.  In  view  of  the  fact  that  except  for  the 
short  period  from  July  1,  1851,  to  February  2,  1853,  the 
township  has  possessed  large  powers  and  authority  from 
the  very  beginning  of  our  Territorial  history,  it  may 
reasonably  be  assumed  that  it  will  continue  to  exercise  a 
large  amount  of  influence  for  many  years  to  come.  Indeed, 
it  is  a  fact  that  the  civil  township  has  a  logical  sphere  of 


THE  STATE  HIGHWAY  COMMISSION  263 

authority  in  the  actual  supervision  of  road  work.  Nor  is 
this  sphere  of  authority  any  less  important  now  than  it  has 
been  in  the  past.  A  careful  historical  analysis  of  Iowa  road 
legislation  reveals  the  fact  that  the  civil  township  has  al- 
ways been  the  important  division  of  local  government  for 
the  maintenance  of  the  public  highways.  In  other  words, 
while  the  county  has  had  charge  of  the  laying  out  and  the 
opening  of  roads  and  now  possesses  considerable  financial 
authority,  the  township  trustees  have  been  responsible  for 
the  actual  direction  of  road  work. 

Furthermore,  it  should  be  stated  in  this  connection  that 
actual  road  work  in  the  past  has  almost  universally  meant 
simply  the  maintenance  of  ordinary  dirt  roads  and  not  the 
building  of  what  are  generally  known  as  permanent  roads. 
When  it  is  considered  that  this  road  work  is  likely  to  remain 
a  very  important  function,  it  is  evident  that  the  township 
will  continue  to  occupy  a  position  of  substantial  influence  in 
the  future.  The  problem  of  reform  along  the  line  of  road 
administration  does  not  consist,  therefore,  in  subtracting 
powers  from  the  civil  township,  but  rather  in  adding  new 
duties  or  new  functions  to  the  county  on  the  one  hand  and 
to  the  State  on  the  other.  Considered  in  the  light  of  prac- 
tical legislation  this  fact  is  of  great  significance,  because  it 
undermines  the  force  of  the  arguments  which  have  been  so 
frequently  advanced  for  the  alleged  preservation  of  local 
self-government.  In  a  system  of  highway  administration, 
reorganized  along  strictly  scientific  lines,  it  is  believed  that 
the  civil  townships  may  exercise  even  larger  functions  than 
they  have  been  able  to  perform  in  the  past. 

Thus  it  is  obvious  that  when  one  comes  to  differentiate 
between  township,  county,  and  State  functions,  it  will  be 
found  that  the  civil  township  is  destined  to  remain  an 
absolutely  essential  part  of  the  more  comprehensive  state- 
wide administrative  organization.  The  appointment  of  a 
township  road  superintendent  responsible  to  the  township 


264       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

trustees  and  having  jurisdiction  in  the  field  of  road  main- 
tenance—  especially  the  dragging  of  the  public  highways 
—  is  significant  in  this  connection.  It  is  believed  that  a 
township  road  superintendent  should  be  appointed  by  the 
township  trustees,  that  he  should  be  clothed  with  larger 
powers  and  authority,  and  that  a  larger  fund  should  be 
raised  for  the  purpose  of  road  dragging.  These  consider- 
ations emphasize  the  important  administrative  duties  of  the 
township  —  duties  which  it  is  believed  have  a  logical  place 
in  a  scientific  system  of  road  administration. 

In  conclusion,  it  may  be  noted  that  the  recent  investiga- 
tions in  Polk  County  and  in  Clinton  County  have  thrown 
some  light  upon  the  letting  of  bridge  contracts.  In  fact, 
these  investigations  are  significant  in  view  of  the  charges 
which  have  been  made  from  time  to  time  that  certain  bridge 
companies  and  other  corporations  producing  road  and 
bridge  materials  have  been  active  in  opposing  changes  in 
the  road  and  bridge  laws  by  declaring  that  these  changes 
threatened  the  right  of  local  self-government. 


X 

COMPARATIVE  STUDY  OF  EOAD  LEGISLATION 

In  the  first  general  road  congress  which  assembled  at 
Atlantic  City  late  in  September  a  large  number  of  road 
organizations  —  national,  State,  and  local  —  cooperated  in 
making  a  thorough  and  comprehensive  presentation  of  the 
whole  problem  of  road  administration  in  the  United 
States.  The  main  purpose  of  this  convention,  however, 
was  to  discover  ways  and  means  of  stopping  the  tre- 
mendous expenditure  of  road  revenues  which  is  becoming 
greater  and  greater  every  year  without  producing  tangible 
results  in  the  form  of  permanent  road  improvement.604  The 
various  sessions  of  the  convention  were  devoted  to  the 
highway  and  bridge  problem  in  its  various  aspects  — 
educational,  economic,  administrative,  and  engineering. 
The  deliberations  of  this  congress  afford  an  excellent  op- 
portunity for  contrasting  the  intelligent  and  sympathetic 
interest  now  manifested  in  the  good  roads  movement  with 
the  spirit  of  indifference  which  prevailed  quite  generally 
only  a  few  years  ago. 

As  has  been  stated  in  the  course  of  the  preceding  his- 
torical study,  the  problem  of  road  legislation  throughout 
almost  the  entire  history  of  Iowa  has  been  largely  one  of 
local  government  and  administration.  The  fact  that  road 
improvement  requires,  on  the  one  hand,  a  constant  ap- 
plication of  the  principles  of  engineering  science  and,  on  the 
other,  is  closely  related  to  almost  every  aspect  of  educa- 
tional, social,  and  economic  life  did  not  occur  to  the  pioneers 
of  Iowa  nor,  indeed,  to  the  pioneers  of  any  of  the  American 
commonwealths.  In  a  general  way  that  which  has  been  true 
of  Iowa  has  likewise  been  true  of  the  older  States. 

265 


266       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The  first  road  law  enacted  in  America  was  passed  by  the 
Virginia  House  of  Burgesses  in  1632  and  was  based  on 
English  precedents.  Other  road  laws  followed  —  including 
one  in  1662  which  had  for  its  object  "the  maintenance  of 
highways  in  good  condition.  "605  Surveyors  were  appointed 
to  establish  a  system  of  highways,  including  convenient 
roads  to  the  church,  to  the  court-house,  to  Jamestown,  and 
between  the  different  counties.  Each  surveyor  was  as- 
signed certain  definite  work  to  be  performed,  which  was 
done  under  the  jurisdiction  of  the  county  court  in  coopera- 
tion with  the  clerk  and  the  church  wardens  of  the  parish 
who  were  required  to  enforce  the  law.  In  other  words,  the 
parish,  which  developed  as  a  local  unit  of  church  adminis- 
tration, exercised  a  large  measure  of  jurisdiction  over  roads 
and  bridges. 

Other  colonies  followed  the  example  of  Virginia  by  enact- 
ing definite  road  laws.  Maryland  passed  its  first  road  act  in 
1666,  although  actual  road  building  had  commenced  at  a 
much  earlier  date.  Laws  along  the  same  line  were  also 
passed  in  1696  and  1704  —  the  latter  remaining  in  force 
until  after  the  Eevolutionary  War.  In  New  England  the 
oldest  road  connected  Plymouth  with  Boston  and  was  estab- 
lished by  the  General  Court  in  1639.  In  New  York,  road 
legislation  dates  from  1664,  when  the  English  under  the 
leadership  of  the  Duke  of  York  had  possession  of  the  colony. 
In  Pennsylvania  it  appears  that  William  Penn  placed  roads 
under  the  jurisdiction  of  the  county  courts,  but  in  1692 
authority  was  transferred  to  the  township.  This  in  turn 
was  followed  by  an  act  in  1700  giving  the  county  justices  a 
large  measure  of  jurisdiction  over  the  laying  out,  opening, 
and  maintaining  of  highways.  Finally,  roads  were  con- 
structed and  road  legislation  was  enacted  in  the  southern 
colonies  during  the  period  just  preceding  the  Revolution. 

At  the  close  of  the  Eevolutionary  War  the  westward 
movement  of  the  American  people  began  in  earnest.  The 


COMPARATIVE  STUDY  OF  ROAD  LEGISLATION    267 

settlement  of  larger  and  larger  areas  of  land  beyond  the 
Alleghany  Mountains  rendered  necessary  improved  means 
of  communication  between  the  East  and  the  West.  Even 
before  independence  was  realized  some  of  our  leading 
statesmen  realized  the  importance  of  building  highways, 
that  is,  of  creating  what  George  Washington  and  Benjamin 
Franklin  referred  to  as  ties  of  commercial  intercourse  be- 
tween the  old  and  the  new  sections  of  the  country.  It  soon 
became  evident  to  these  men  that  without  means  of  com- 
munication the  economic  progress  of  the  country  would  be 
greatly  retarded.  In  fact,  during  the  period  just  following 
the  Revolutionary  War  national  unity  itself  depended  to  a 
large  extent  upon  the  building  of  a  system  of  roads  across 
the  mountains  connecting  the  Ohio  valley  with  the  Atlantic 
sea-board. 

In  the  beginning  the  toll  road  —  that  is,  the  so-called  turn- 
pike road,  financed  either  by  private  corporations,  by 
States,  or  by  the  national  government  —  was  the  most 
popular  form  of  highway.  During  the  first  half  of  the  nine- 
teenth century  the  building  of  turnpike  roads  was  quite 
general  throughout  all  of  the  States.  As  early  as  1808  there 
were  in  the  State  of  New  York  sixty-seven  turnpike  com- 
panies with  a  capital  of  about  $5,000,000  —  nine  hundred 
miles  of  such  highways  being  completed  and  two  hundred 
additional  miles  in  process  of  construction.  Twenty  years 
later  Pennsylvania  had  one  hundred  and  sixty-eight  com- 
panies, with  2380  miles  of  improved  road  already  completed 
at  a  cost  of  nearly  $8,500,000.606 

During  the  same  period  the  national  government  also 
took  a  very  active  interest  in  the  building  of  highways,  and 
numerous  appropriations  from  time  to  time  were  made  by 
Congress  for  the  purpose  —  the  total  amount  of  such  ap- 
propriations being  about  $14,000,000.  The  so-called  "Cum- 
berland Pike"  was  the  most  important  of  these  national 
projects,  extending  as  it  did  from  Cumberland,  Maryland, 


268       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

to  a  point  which  gradually  moved  westward  until  it  reached 
Illinois.  It  should  be  stated  in  this  connection  that  there 
was  always  more  or  less  doubt  in  the  minds  of  certain 
statesmen  as  to  the  constitutionality  of  a  system  of  internal 
improvement  supported  by  the  general  government. 

The  coming  of  the  railroad  as  a  practical  factor  in  trans- 
portation gradually  supplanted  the  whole  turnpike  system 
of  highways.  Although  toll  roads  had  never  been  a  real 
success  from  a  financial  standpoint  —  for  instance,  it  Was 
claimed  that  none  of  the  numerous  toll  roads  of  Pennsyl- 
vania had  yielded  a  profit  —  the  system  was  very  beneficial 
both  to  the  agricultural  and  commercial  interests  before  the 
coming  of  the  railroad.  Many  permanent  highways  were 
constructed,  making,  in  conjunction  with  canals  and  other 
internal  waterways,  a  fairly  comprehensive  system  of  trans- 
portation without  which  the  rapid  and  successful  settlement 
and  improvement  of  free  or  cheap  lands  would  have  been 
impracticable  if  not  impossible. 

After  the  Civil  War  the  general  government  discontinued 
its  policy  of  participation  in  the  work  of  constructing  per- 
manent highways.  Congress  was  busy  endeavoring  to  de- 
vise means  to  pay  off  the  national  debt  and  seems  to  have 
neglected  entirely  the  question  of  roads  and  road  adminis- 
tration. In  the  second  place,  turnpike  companies  for  rea- 
sons already  suggested  had  almost  entirely  passed  out  of 
existence.  Nor  were  the  various  States  giving  any  serious 
aid  or  attention  to  the  subject.  In  a  word,  the  adminis- 
tration of  highways  ceased  to  be  in  any  real  sense  either  a 
national  or  State  function,  but  was  transferred  to  the  va- 
rious local  units  of  government. 

Prior  to  the  building  of  railroads  the  necessity  of  con- 
structing permanent  highways  to  serve  as  avenues  of  com- 
mercial intercourse,  first,  between  the  different  sections  of 
the  whole  country,  and  second,  between  different  parts  of 
the  same  State,  was  evident  to  the  general  public.  The 


COMPARATIVE  STUDY  OF  ROAD  LEGISLATION    269 

economic  progress  of  the  country  and  the  preservation  of 
the  Union  itself  depended  upon  easy  means  of  transporta- 
tion. Thus  the  necessity  became  apparent  to  both  the 
Federal  Government  and  to  the  various  States  of  taking  an 
active  interest  in  promoting  this  work.  But  when  the  prob- 
lem of  transportation  for  long  distances  was  solved  by 
highways  of  steel,  the  turnpike  road,  constructed  either  by 
private  corporations,  by  States,  or  by  the  national  govern- 
ment, naturally  became  a  thing  of  the  past.  In  other  words, 
road  administration  as  a  logical  result  of  actual  conditions 
became  merely  a  function  of  local  government  and  was 
destined  to  remain  so  until  practically  the  close  of  the  nine- 
teenth century. 

Eeferring  to  the  fact  that  of  the  2,151,000  miles  of  public 
roads  in  use  in  the  United  States  in  1904,  only  7.14  per  cent 
was  improved,  and  at  a  total  expenditure  for  that  year  of 
$79,000,000,  Mr.  Logan  Waller  Page  says : 

This  entire  fund  was  administered  under  the  system  of  localized 
control  so  long  in  vogue  throughout  the  country,  and  it  was  largely 
due  to  this  system  that  so  little  in  the  way  of  good  results  was  ac- 
complished, for  the  reason  that  it  fails  to  insure  skilled  supervision, 
provides  an  inadequate  revenue,  depends  upon  a  purely  unskilled 
and  unreliable  class  of  labor,  and  practically  precludes  any  con- 
struction of  a  permanent  character.607 

One  of  the  earliest,  if  not  the  first,  comprehensive  and 
thoroughly  scientific  studies  of  road  legislation  in  the 
United  States  was  made  in  1889  by  Professor  Jeremiah  W. 
Jenks,  at  that  time  a  member  of  the  faculty  of  Knox  College 
at  Galesburg,  Illinois.  In  a  monograph  entitled  Road  Legis- 
lation for  the  American  State,  published  by  the  American 
Economic  Association,  Mr.  Jenks  referred  to  the  deplorable 
condition  of  the  highways  and  lamented  the  wasteful  ex- 
penditure of  public  moneys  for  this  purpose  —  both  of 
which  conditions  he  attributed  in  a  large  measure  to  the  de- 
centralized and  inefficient  system  of  local  administration. 


270       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Concerning  the  relation  of  the  growth  of  railroad  systems 
to  the  tendency  to  neglect  the  improvement  of  highways, 
Professor  Jenks  said : 

The  principal  reason  for  this  comparative  neglect  of  the  common 
roads  in  nearly  all  countries  is,  of  course,  to  be  found  in  the  aston- 
ishing growth  of  the  railway  systems,  and,  since  the  invention  of 
the  steamboat,  of  commerce  by  water.  These  have  rendered  un- 
necessary long  roads  such  as  the  ancient  Aztecs  and  Romans  found 
it  wise  to  build  for  commercial  and  military  purposes.608 

The  importance  of  paying  road  taxes  in  money  rather 
than  in  labor,  the  necessity  of  employing  experts  —  espe- 
cially a  connty  engineer  and  a  State  highway  commissioner 
—  in  order  to  make  more  efficient  the  whole  system  of  high- 
way administration,  and  the  importance  of  a  careful  classi- 
fication of  roads  on  the  basis  of  a  definite  scientific  plan  are 
all  clearly  presented  in  this  monograph.  It  is  certainly  an 
interesting  and  instructive  fact  that  nearly  a  quarter  of  a 
century  ago  Professor  Jenks  advocated  a  State  highway 
commission  and  a  county  engineer  —  that  is  to  say,  the  em- 
ployment of  experts  where  experts  are  necessary  for  the 
purpose  of  solving  the  road  and  bridge  question. 

Efficient  administration  of  the  law  was  recognized  as  the 
only  means  of  preventing  needless  waste  in  the  expenditure 
of  public  moneys  and  of  gradually  securing  the  construction 
of  a  comprehensive  system  of  permanent  roads.  f*  To  build 
and  repair  to  the  best  advantage  all  the  main  roads  in  any 
fairly  well  settled  county ",  said  Professor  Jenks,  "requires 
certainly  as  much  skill  in  an  engineer  as  to  lay  out  and 
build  a  railroad  through  an  ordinary  county,  and  probably 
more.  The  problem  is  not  so  much  that  of  making  good 
roads,  as  that  of  making  the  best  roads  possible  with  the 
limited  means  given  ",609  It  was  also  stated  in  this  same 
connection  that  the  intelligent  administration  of  the  county 
road  fund  made  the  services  of  a  skilled  engineer  indis- 
pensable. In  other  words,  expert  service  was  necessary: 


COMPARATIVE  STUDY  OF  ROAD  LEGISLATION    271 

first,  in  order  to  secure  the  establishment  of  an  equitable 
system  of  taxation ;  and  second,  for  the  purpose  of  ensuring 
a  wise  and  economical  expenditure  of  public  moneys. 

At  the  time  the  monograph  was  written  (1889)  the  road 
commissioners  of  Illinois  recognized  that  at  least  one-half 
of  the  money  tax  expended  for  roads  in  that  State  was 
wasted  through  ignorance  or  carelessness  —  the  same  thing 
being  true  also  of  a  much  greater  portion  of  the  labor  tax. 
In  the  judgment  of  Professor  Jenks  this  criminal  waste, 
which  amounted  to  more  than  $2,000,000,  not  including  the 
loss  resulting  from  poor  roads,  could  be  largely  prevented 
by  a  State  highway  commission  and  a  system  of  county  road 
engineers. 

The  cause  of  the  deplorable  conditions  of  the  roads  and 
the  almost  criminal  waste  in  public  expenditure  for  highway 
purposes  are  presented  in  terms  which  can  not  be  misunder- 
stood. "To  our  early  circumstances  then;  to  the  compara- 
tive lack  of  interest  in  local  affairs;  to  the  conservative 
spirit  of  our  people,  combined  with  the  influence  of  the  form 
of  the  law  itself  in  hindering  them  from  noting  the  changing 
circumstances  in  their  relation  to  such  matters ;  and  to  the 
strong  bent  of  our  people  toward  the  retention  of  local 
powers,  may,  in  great  part,  be  attributed  our  present  de- 
fective system.  "61° 

Only  two  years  after  the  publication  of  this  instructive 
monograph  the  policy  of  State  aid  for  the  construction  of 
permanent  highways  was  first  adopted  by  the  State  of  New 
Jersey  —  which  meant  that  a  new  movement  along  the  line 
of  more  centralized  State  administration  of  roads  and 
bridges  had  been  inaugurated.  Since  the  New  Jersey  State 
Highway  Department  was  established  in  1891  one  State 
after  another  has  followed  the  example,  until  today  thirty- 
seven  out  of  the  forty-eight  States  in  the  Union  have 
adopted  this  principle  in  one  form  or  another.  During  the 
last  year  four  new  States  (namely,  Alabama,  Oklahoma, 


272       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

South  Dakota,  and  Wyoming)  have  provided  for  State  aid. 
According  to  Mr.  Page,  the  movement  is  still  progressing 
very  rapidly,  and  nine  of  the  eleven  States  not  having 
yet  enacted  laws  on  this  subject  have  bills  pending  before 
their  respective  legislatures.611 

It  should  be  noted,  however,  that  so-called  State  aid  does 
not  always  refer  to  actual  money  appropriated  for  the  im- 
provement of  highways.  A  number  of  States,  like  Iowa, 
merely  provide  highway  departments  for  giving  engineer- 
ing advice  and  assistance.  Other  States  furnish  convict 
labor;  and  still  others  supply  some  combination  of  money 
aid,  expert  engineering  service,  and  perhaps  convict  labor. 
The  important  problem  of  State  aid  in  whatever  form  it  is 
granted,  together  with  a  number  of  miscellaneous  questions 
connected  with  the  general  subject  of  road  legislation  and 
administration,  can,  however,  best  be  presented  by  making 
a  brief  comparative  study  of  the  progress  made  in  the 
various  States.  A  study  of  this  character  may  be  found  in 
an  Appendix  which  follows  this  chapter. 

It  is  evident  from  an  examination  of  the  different  systems 
of  road  administration  in  the  various  States,  as  outlined  in 
the  Appendix,  that  the  good  roads  movement  has  long  since 
passed  the  academic  stage  and  become  a  practical  reality. 
In  an  article  entitled  Highway  Improvements,  Mr.  Logan 
Waller  Page,  Director  of  the  United  States  Office  of  Public 
Eoads,  declares  that  the  year  1911  witnessed  the  greatest 
progress  which  has  ever  been  made  in  a  single  year  in  the 
matter  of  highway  improvement.  It  is  stated  that  the  ex- 
penditures for  construction  projects  in  1911  were  much 
greater  than  those  of  any  preceding  year.612 

In  order  to  furnish  a  definite  idea  of  the  present  good 
roads  movement  in  the  United  States  and  what  it  means  to 
the  country,  nothing  better  can  be  done  by  way  of  con- 
clusion than  to  present  a  brief  outline  of  the  following 
important  subjects:  first,  educational  propaganda  carried 


COMPARATIVE  STUDY  OF  ROAD  LEGISLATION    273 

on  by  chambers  of  commerce,  commercial  clubs,  local,  State, 
and  national  good  roads  associations,  and  various  other 
similar  organizations;  second,  revenue  for  the  support  of 
roads  and  bridges ;  third,  State  aid  and  what  it  has  accom- 
plished; fourth,  the  economic  value  of  good  roads;  and 
fifth,  the  importance  of  a  more  efficient,  centralized  admin- 
istration in  all  the  units  of  government  from  the  township 
up  to  the  State. 

According  to  Mr.  Page,  during  the  year  1911  numerous 
county,  State,  and  national  road  associations  were  organ- 
ized. Many  other  associations,  which  up  to  that  time  had 
taken  no  interest  in  road  matters,  appointed  committees  to 
investigate  the  subject.  Some  organizations  are  working 
for  the  improvement  of  certain  special  highways  like  the 
ocean  to  ocean  highway,  the  Pacific  highway,  or  the  River 
to  Eiver  Road  in  our  own  State.  In  other  words,  some 
organizations  are  nation  wide,  others  State  wide,  still  oth- 
ers are  interested  in  the  roads  of  a  county  or  similar  area, 
and  finally  there  are  others  devoted  to  certain  special 
projects. 

The  reader  will  recall  the  interest  taken  by  the  railroads 
and  the  running  of  special  trains  in  Iowa  to  promote  the  use 
of  the  road  drag.  Much  was  accomplished  in  that  way  and 
certain  definite  legislation  was  the  result.  This  sort  of  an 
educational  campaign,  however,  has  not  been  confined  to  the 
limits  of  Iowa,  but  has  been  carried  on  in  other  States. 
During  the  year  1911  the  Office  of  Public  Roads  of  the 
United  States  Department  of  Agriculture,  in  cooperation 
with  different  railroad  companies,  encouraged  the  good 
'roads  movement  by  operating  special  trains  for  that  pur- 
pose. The  Pennsylvania  Railroad,  for  example,  ran  a 
special  train  over  its  lines  between  January  25th  and  March 
28th.  The  State  Highway  Department  of  Pennsylvania  and 
the  State  College  of  Pennsylvania  also  cooperated  in  the 
movement.  Illustrated  lectures  were  given,  models  of  sta- 

18 


274       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

tionary  types  of  road  construction  showing  the  most  im- 
proved methods  of  building  earth,  sand-clay,  gravel,  brick, 
and  bituminous  macadam  roads,  were  exhibited,  and  in  fact, 
a  school  of  instruction  along  scientific  lines  was  conducted 
from  place  to  place.  The  Pennsylvania  Eailroad  supplied 
the  cars,  the  State  Highway  Department  furnished  the 
views  and  lecturers,  the  State  College  had  general  charge  of 
the  work,  including  publicity,  and  the  United  States  Office  of 
Public  Roads  supplied  the  different  models  and  bromide 
prints  to  lecturers.  Some  excellent  work  of  a  similar  char- 
acter was  also  carried  on  in  other  sections  of  the  country. 

It  would  require  a  monograph  to  discuss  adequately  the 
history  of  good  roads  associations  and  the  excellent  educa- 
tional work  which  they  have  accomplished.  One  of  the 
standpoints  from  which  both  the  scientific  investigator  and 
the  practical  legislator  should  judge  any  important  problem 
is  that  of  publicity.  It  is  a  well  known  fact  that  before  any 
substantial  reform  can  be  realized,  public  sentiment  along 
that  line  must  first  be  created.  The  history  of  road  legis- 
lation in  Iowa  has  proved  over  and  over  again  the  necessity 
of  conducting  a  vigorous  campaign  of  education  among  the 
people  before  any  important  constructive  measure  can  hope 
to  receive  a  hearing,  much  less  be  adopted.  The  running  of 
special  road  trains,  the  holding  of  good  roads  conventions, 
local,  State,  and  national,  and  the  publicity  work  carried  on 
by  the  different  highway  commissions  are  all  very  essential 
from  the  important  standpoint  of  creating  an  educated 
public  sentiment. 

In  the  second  place,  it  is  necessary  to  consider  the  road 
question  or  any  similar  question  from  the  standpoint  of 
finance.  It  requires  money  to  construct  permanent  roads 
and  build  reinforced  concrete  bridges.  In  the  past  when  the 
labor  system  was  practically  the  universal  rule,  the  amount 
of  actual  money  required  for  the  construction,  main- 
tenance, and  repair  of  roads  and  bridges  was  reduced  to  a 


COMPARATIVE  STUDY  OF  ROAD  LEGISLATION    275 

minimum.  With  the  gradual  repeal  of  laws  permitting  road 
taxes  to  be  paid  in  labor,  on  the  one  hand,  and  the  growing 
necessity  of  constructing  roads  and  bridges  out  of  more 
costly  material,  on  the  other,  the  need  of  greater  revenue 
obtained  by  taxes  or  the  issue  of  bonds  has  become  obvious. 
It  may  be  safely  said  that  there  will  never  be  a  time  when 
the  revenue  for  road  and  bridge  purposes  in  the  various 
States  of  the  Union  will  be  less  than  at  the  present  moment. 
In  fact,  the  amount  of  money  needed  along  this  line  has 
increased  by  leaps  and  bounds  and  will  continue  to  increase 
and  be  an  important  factor  in  making  imperative  the  grad- 
ual establishment  of  more  scientific  revenue  systems  in  the 
various  States  of  the  Union.  The  reader  can  form  some 
idea  of  the  magnitude  and  the  increase  of  this  expenditure 
by  a  comparison  of  Tables  III  and  IV. 

It  will  be  noted  that  in  1904  there  were  2,151,579  miles  of 
wagon  road  in  the  United  States,  or  in  other  words,  approx- 
imately ten  miles  of  wagon  road  for  every  mile  of  railroad. 
Of  this  amount  108,233  miles  were  surfaced  with  gravel, 
38,622  with  stone,  and  6,807  with  other  materials,  making  a 
total  mileage  of  improved  roads  of  153,662.  It  appears  that 
the  cost  of  construction,  repair,  and  maintenance  of  this 
vast  mileage  of  highways  was  $79,771,417.87,  of  which  sum 
$53,815,387.98  represented  property  and  poll  taxes  paid  in 
cash  in  the  counties  and  minor  civil  divisions,  $19,818,236.30 
represented  labor  taxes,  $3,530,470.93  was  derived  from 
bonds  issued  by  the  counties  and  minor  civil  divisions,  and 
$2,607,322.62  was  expended  by  the  States  on  State  aid  roads. 

An  examination  of  Table  IV,  giving  the  road  expenditures 
for  1911,  reveals  a  very  different  story.  The  State  aid  fund 
had  increased  from  only  $2,607,322.66  in  1904  to  the  large 
sum  of  $21,037,769.00  in  1911 ;  local  bond  issues  had  also  in- 
creased from  $3,530,470.93  to  $18,503,356;  and  finally,  the 
total  revenue  from  all  sources  expended  for  road  purposes 
had  practically  doubled  in  six  years,  increasing  from 


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278       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

$79,771,417.87  to  $141,291,125.  While  it  should  be  noted  that 
these  figures  are  not  absolutely  accurate,  they  nevertheless 
point  out  in  terms  of  cold  dollars  and  cents  the  significance 
of  the  present  good  roads  movement. 

In  concluding  this  brief  comparative  study  of  the  road 
and  bridge  question  from  the  standpoint  of  public  revenue, 
the  labor  tax,  so  called,  should  at  least  be  mentioned.  This 
form  of  taxation  for  road  purposes  is  universally  con- 
demned by  men  who  have  given  serious  thought  to  the 
subject.  Professor  J.  W.  Jenks,  in  his  able  monograph  on 
Road  Legislation  for  the  American  State,  to  which  refer- 
ence has  already  been  made,  advocated  the  desirability  of 
paying  all  road  taxes  in  money  rather  than  in  labor.  At 
that  time  the  labor  tax  was  almost  universally  employed 
throughout  the  Union  and  its  evils  were  just  becoming  ap- 
parent to  students  of  road  administration.  It  was  destined 
to  require  a  great  many  years  of  experience  to  convince  the 
general  public  of  the  necessity  of  the  cash  system. 

In  the  bulletin  already  noted,  Mr.  Maurice  O.  Eldridge 
discusses  the  labor  tax  in  connection  with  the  subject  of 
improved  highways.  At  that  time  (1904)  twenty-five  States 
had  the  statute  labor  tax,  while  eleven  other  States  levied 
a  poll  tax  payable  in  labor.  In  other  words,  some  form  of 
statute  labor  taxation  existed  in  thirty-six  States.  It  is  a 
significant  fact  that  only  6.15  per  cent  of  the  roads  were 
improved  in  the  statute  labor  States,  while  18.39  per  cent 
were  improved  in  States  where  no  such  taxes  were  levied, 
thus  indicating  that  the  statute  labor  system  had  far  out- 
lived its  usefulness  from  the  standpoint  of  permanent  high- 
way improvement.613 

In  the  third  place,  no  comparative  study  of  road  legisla- 
tion and  administration  would  be  complete  without  special 
reference  to  the  very  important  subject  of  State  aid  as  a 
definite  plan  of  permanent  highway  improvement.  While 
in  reality  this  is  a  logical  division  of  the  general  question  of 


COMPARATIVE  STUDY  OF  ROAD  LEGISLATION    279 

TABLE  IV 
APPBOXIMATE  BOAD  EXPENDITURES  IN  1911 


State 

State  Aid 

Local  Bond  Issuesf 

Local  Revenues*           Total 

Alabama     $ 

i      154,000 

$  2,330,000 

$     1,000,000 

$     3,484,000 

Arizona     

150,000 

175,000 

325,000 

Arkansas     

2,450,000 

2,450,000 

California     

2,067,500 

1,500,000 

3,500,000 

7,067,500 

Colorado    

162,000 

1,000,000 

1,162,000 

Connecticut     

2,000,000* 

2,275,000 

4,275,000 

Delaware     

30,000 

300,000 

100,000 

430,000 

Florida    

755,000 

750,000 

1,505,000 

Georgia     

2,500,000 

2,500,000 

Idaho     

53,000 

500,000 

553,000 

Illinois     

65,000 

5,000,000 

5,065,000 

Indiana     

4,500,000 

4,500,000 

Iowa    

3,500,000 

3,500,000 

Kansas    

6,500 

93,356 

1,500,000 

1,599,856 

Kentucky    

2,500,000 

2,500,000 

Louisiana    

132,354 

1,000,000 

1,132,354 

Maine    

250,000 

2,000,000 

2,250,000 

Maryland    

1,250,000 

1,000,000 

2,250,000 

Massachusetts    

1,000,000 

2,500,000 

3,500,000 

Michigan     

250,000 

2,216,000 

3,500,000 

5,966,000 

Minnesota     

79,300 

2,000,000 

2,079,300 

Mississippi    

1,130,000 

2,000,000 

3,130,000 

Missouri    

300,000 

2,500,000 

2,800,000 

Montana    

500,000 

500,000 

Nebraska    

1,000,000 

1,000,000 

Nevada    

50,000 

50,000 

New  Hampshire    

375,000 

1,000,000 

1,375,000 

New  Jersey    

500,000 

4,500,000 

5,000,000 

New  Mexico     

100,000* 

200,000 

300,000 

New  York     

5,000,000* 

7,000,000 

12,000,000 

North  Carolina    

5,000 

2,500,000 

2,000,000 

4,505,000 

North  Dakota    

1,000,000 

1,000,000 

Ohio     

600,365 

6,000,000 

6,600,365 

Oklahoma    

5,000 

1,500,000 

1,505,000 

Oregon     

1,500,000 

2,000,000 

3,500,000 

Pennsylvania    

4,000,000 

7,500,000 

11,500,000 

Ehode  Island     

97,000 

500,000 

597,000 

South  Carolina    

100,000 

1,000,000 

1,100,000 

South  Dakota    

500,000 

500,000 

Tennessee      

1,400,000 

2,500,000 

3,900,000 

Texas     

1,600,000 

6,000,000 

7,600,000 

Utah    

355,750 

500,000 

855,750 

Vermont    

450,000 

1,000,000 

1,450,000 

Virginia    

300,000 

2,454,000 

1,250,000 

4,004,000 

Washington     

900,000* 

2,000,000 

2,900,000 

West  Virginia    

625,000 

1,000,000 

1,625,000 

Wisconsin      

390,000 

3,000,000 

3,390,000 

Wyoming    

10,000 

500,000 

510,000 

Total    4 

521,037,769 

$18,503,356 

$101,750,000 

$141,291,125 

*Estimated. 

tOther  local  bond  issues,  but  information  lacking. 

California  has  just  begun  the  expenditure  of  $18,000,000  State  bond  issue  for 
constructing  State  roads. 


280       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

finance  it  has  assumed  such  large  proportions  in  recent 
years  as  to  merit  separate  treatment.  It  will  be  recalled 
that  prior  to  the  coming  of  the  railroads  to  Iowa,  the  Terri- 
tory and  later  the  State  took  a  very  active  interest  in  the 
laying  out,  opening,  and  maintaining  of  public  highways. 
What  was  true  of  Iowa  in  pioneer  days  has  been  quite  gen- 
erally true  of  all  the  States  before  the  era  of  railroad  build- 
ing. It  has  already  been  pointed  out  that  this  was  a  logical 
development,  because  at  that  time  highways  were  looked 
upon  not  merely  as  a  local  convenience,  but  as  a  means  of 
transportation  for  long  distances  in  large  sections  of  the 
country  where  water  transportation  was  impossible  or  at 
least  impracticable. 

The  first  result  of  railway  transportation  was  to  relegate 
the  whole  question  of  roads  to  the  local  units  of  govern- 
ment from  the  standpoint  of  both  finance  and  administra- 
tion. In  recent  years,  however,  it  has  come  to  be  more  and 
more  obvious  that  the  railroad  at  best  can  only  supplement 
and  not  take  the  place  of  wagon  roads.  When  it  is  remem- 
bered that  at  the  present  time  there  are  approximately  ten 
miles  of  wagon  road  to  every  mile  of  railroad  and  that 
practically  all  produce  must  be  hauled  over  wagon  roads 
before  being  transported  by  rail,  it  is  very  evident  that  the 
whole  system  of  transportation,  considered  as  a  unit,  is  ef- 
ficient only  in  proportion  to  the  extent  to  which  the  public 
highways  are  improved  and  kept  in  good  condition.  Thus, 
if  it  is  vital  to  the  economic  interests  of  the  country  to  have 
one  mile  of  the  transportation  system  constructed  of  steel 
and  be  put  in  the  best  condition  that  money  and  science  can 
afford,  it  is  at  least  equally  important  to  have  the  remaining 
nine  miles  of  the  system  improved  and  maintained  on  a 
reasonably  efficient  basis.  The  recognition  of  this  impor- 
tant principle  is  in  the  last  analysis  the  foundation  of  the 
good  roads  movement  of  the  present  day  and  of  the  accom- 
panying policy  of  State  aid. 


COMPARATIVE  STUDY  OF  ROAD  LEGISLATION    281 

New  Jersey  was  the  first  State  in  the  Union  to  adopt  the 
system  of  State  aid.  At  that  time  (1891)  practically  all 
road  work  throughout  the  entire  Union  was  in  the  hands  of 
local  officials  who  could  not  possibly  possess  expert  knowl- 
edge, and  the  result  was  that  the  whole  system  was  wasteful 
and  inefficient.  Between  1891  and  December  31st,  1910,  the 
various  State  aid  appropriations  in  New  Jersey  amounted 
to  $3,059,882.70,  with  the  result  that  1562  miles  or  more  than 
ten  per  cent  of  the  roads  of  that  State  were  permanently 
improved.614 

As  has  already  been  suggested,  however,  State  aid  does 
not  always  consist  in  money.  Some  States  appropriate 
money  for  that  purpose,  some  supply  expert  engineering 
assistance,  others  provide  convict  labor  in  some  form,  and 
still  other  States  provide  a  combination  of  money  aid,  ex- 
pert assistance,  and  convict  labor.  Georgia  is  perhaps  the 
leading  example  of  State  aid  in  the  form  of  convict  labor. 
At  the  present  time  nearly  five  thousand  convicts  are  at 
work  on  its  roads.  Illinois  operates  a  rock  crushing  plant 
with  convict  labor,  furnishing  crushed  stone  to  the  various 
counties  throughout  the  State.  A  similar  plan  is  followed 
in  California.  Arizona,  California,  Colorado,  Louisiana, 
Maryland,  Michigan,  Missouri,  New  Mexico,  and  Virginia 
provide  both  convict  labor  and  money  aid ;  while  Wyoming, 
Oklahoma,  and  Illinois  furnish  convict  labor  and  engineer- 
ing assistance.  The  remaining  States  which  have  adopted 
the  policy  of  State  aid,  namely,  Alabama,  Connecticut,  Dela- 
ware, Iowa,  Maine,  Massachusetts,  Minnesota,  New  Hamp- 
shire, New  Jersey,  New  York,  Ohio,  Pennsylvania,  Rhode 
Island,  Utah,  Vermont,  Washington,  and  Wisconsin,  give 
money  aid,  together  with  advice  and  engineering  assistance. 

Money  aid  is  generally  the  direct  result  of  some  form  of 
State  taxation.  The  policy  of  issuing  bonds  for  this  pur- 
pose, however,  has  already  been  adopted  in  a  group  of 
States.  There  is  a  bond  issue  of  $18,000,000  in  California, 


282       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

$4,500,000  in  Connecticut,  $6,000,000  in  Maryland,  $2,500,000 
in  Massachusetts,  $1,000,000  in  New  Hampshire,  and  $50,- 
000,000  in  New  York,  making  a  total  of  $82,000,000.  It  may 
be  stated  that  this  plan  of  raising  funds  for  the  building  of 
roads  has  become  well  established.  Indeed,  at  the  present 
time  Ehode  Island,  Colorado,  Alabama,  and  Pennsylvania 
are  agitating  the  question  of  providing  bond  issues,  which 
if  adopted  will  amount  to  the  enormous  sum  of  $110,600,- 
OOO.615 

Closely  connected  with  the  subject  of  State  aid  is  the 
question  of  expert  administration  and,  in  fact,  of  expert 
service  of  any  kind.  As  already  noted,  expert  assistance 
and  advice  is  in  reality  one  phase  of  the  general  policy  of 
State  aid.  In  fact,  the  road  and  bridge  question,  judged 
from  the  standpoint  of  political  science,  is  one  of  efficient 
centralized  administration;  and  from  the  standpoint  of 
engineering  science  requires  expert  knowledge  of  the  meth- 
ods of  dealing  with  various  materials  of  construction  to  the 
best  advantage.  Indeed,  the  good  roads  movement  has  now 
reached  a  stage  where  as  a  problem  of  both  economics  and 
political  science,  on  the  one  hand,  and  of  the  fundamental 
principles  of  engineering,  on  the  other,  it  .demands  the  ser- 
vice of  the  best  trained  minds. 

During  the  last  decade  perhaps  no  point  has  received 
greater  emphasis  in  all  intelligent  discussion  of  the  road 
question  than  the  desirability,  in  fact  the  absolute  neces- 
sity, of  a  more  expert  system  of  supervision  and  control. 
This  principle  has  been  recognized  again  and  again  by  the 
Governors  of  Iowa  and  the  various  good  roads  associations, 
as  well  as  by  the  State  Highway  Commission.  It  has  been 
discussed  in  every  State  of  the  Union  where  comprehensive 
reports  have  been  submitted  dealing  with  the  road  and 
bridge  question. 

As  already  observed,  Professor  Jenks,  in  his  monograph 
written  nearly  a  quarter  of  a  century  ago,  referred  to  the 


COMPARATIVE  STUDY  OF  ROAD  LEGISLATION    283 

wastefulness  of  the  old  decentralized  system  of  road  admin- 
istration and  emphasized  in  that  connection  the  importance 
of  vesting  more  authority  in  larger  units  of  government. 
"The  general  custom ",  said  Professor  Jenks,  " seems  to  be 
to  make  small  districts  the  unit  of  administration.  In  the 
southern  states,  where  the  county  is  the  unit,  the  county 
authority,  as  a  rule,  limits  its  duties  to  dividing  the  county 
into  road  districts  and  appointing  over  each  district  an 
overseer.  Of  course  this  gives  no  system  of  roads  more 
than  does  the  sole  supervision  by  township  authorities.  In 
the  New  England  states,  and  those  settled  in  large  part 
from  New  England,  the  township  system  is  found,  a  system 
which  in  itself  prevents  unity  of  administration,  unless 
some  higher  authority  is  especially  empowered  for  this  pur- 
pose, a  provision  very  seldom  made.  This  local  adminis- 
tration under  whichever  form  it  is  found  would,  of  course 
effectually  prevent  any  thorough  classification  of  the 
roads ",616  Of  course  the  "higher  power"  to  which  refer- 
ence is  made  is  none  other  than  that  of  the  State,  or  the 
State  highway  commission  as  now  understood. 

Space  will  not  permit  any  detailed  comparative  study  of 
the  question  of  expert  centralized  administration.  A  thor- 
ough study  of  this  one  subject  would  require  a  special 
monograph.  The  principles  of  State  aid,  expert  engineer- 
ing assistance,  and  efficient  administration,  which  taken  to- 
gether represent  the  very  essence  of  the  good  roads 
movement,  are  so  firmly  established  and  so  universally 
endorsed  by  thinking  men  that  at  this  time  only  brief  refer- 
ence will  be  made  to  the  system  employed  in  three  or  four 
representative  States. 

The  State  Highway  Commission  of  California  early  rec- 
ognized the  necessity  of  possessing  a  larger  measure  of 
supervision  and  control  in  order  to  accomplish  the  best 
results.  In  a  recent  report  of  the  State  Engineer  may  be 
found  the  following  statement : 


284       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

It  was  noted  by  those  who  observed  the  situation  of  a  new  depart- 
ment of  this  nature,  that  it  would  be  necessary  to  concentrate  more 
power  into  the  department,  that  it  might  have  proper  effectiveness ; 
that  is  to  say,  the  powers  of  the  various  boards  of  managers  to 
award  contracts,  purchase  materials,  to  make  payments  on  day  labor 
work,  and  hire  the  day  laborers,  as  they  were  enabled  under  the  law 
of  1907,  gave  unsatisfactory  results,  and  it  was  therefore  necessary 
at  the  session  of  1909  of  the  California  Legislature  to  grant  the 
Department  of  Engineering  those  powers  of  buying,  awarding  con- 
tracts, and  doing  all  things  necessary  for  the  construction  of  the 
various  works  of  the  State,  and  after  their  construction  to  turn  them 
over  to  the  respective  boards  or  institutions  for  which  they  were 
constructed.  .  .  .  It  is  but  reasonable  to  suppose  that,  where 
the  work  is  spread  among  a  number  of  boards,  that  you  cannot  get 
uniformity,  and  you  cannot  get  the  best  results,  nor  can  you  get  the 
best  economy.617 

The  State  Highway  Commission  of  Illinois  emphasized 
the  necessity  of  putting  road  work  upon  a  business  basis. 
The  following  statement  appears  in  their  report : 

This  cannot  be  done  until  it  is  made  one  man's  business  in  each 
locality  to  do  this  work  all  the  time ;  not  to  have  it  done  at  odd  times 
as  personal  convenience  may  dictate.  Those  who  have  given  the 
question  any  close  attention  generally  agree  that  it  is  no  exaggera- 
tion to  say  that  twice  as  much  road  work  can  be  done  under  a 
business-like  system  and  at  no  greater  cost  than  is  incurred  by 
present  methods.  To  get  such  results  the  work  must  be  done  when 
needed  and  in  the  right  manner.  The  present  law  affords  full  op- 
portunity to  get  such  results,  in  that  it  is  within  the  power  of  any 
board  of  road  commissioners  to  appoint  a  superintendent  who  may 
have  entire  charge  of  the  work  and  who  should  be  on  the  work  all  of 
the  time,  devoting  his  entire  attention  to  it.  Where  this  has  been 
tried  and  put  into  effective  operation,  the  results  have  been  nothing 
less  than  marvelous.  .  .  . 

It  must  be  evident  that  no  system  of  improved  roads  that  will 
answer  present  needs  can  be  built  or  maintained  under  township 
units;  the  township  unit  is  too  small,  and  the  fund  that  can  be 
raised  therefrom  inadequate  for  the  work. 


COMPARATIVE  STUDY  OF  ROAD  LEGISLATION    285 

There  should  be  larger  areas  of  control  in  order  to  plan  and  con- 
struct a  system  of  roads  such  as  is  needed  in  practically  every  com- 
munity. The  county  unit  is  the  one  that  must  naturally  suggest 
itself,  and  with  some  exceptions  would  answer  more  nearly  the  con- 
ditions necessary  for  the  development  of  a  system  of  main  roads 
than  any  other  areas  bounded  by  present  political  boundaries.618 

In  the  northeastern  States  where  the  township  is  the 
important  unit  of  local  government  it  is  instructive  to  note 
that  the  State  Highway  Commission  of  Maine  believes  that 
the  township  rather  than  the  small  sub-district  should  be 
the  unit  for  actual  highway  work,  thus  endorsing  the  prin- 
ciple of  the  so-called  Anderson  law  passed  in  Iowa  in  1902. 
The  following  statement  is  significant : 

We  would  like  to  see  every  town  elect  one  road  commissioner  and 
give  him  authority  over  the  roads,  subject  of  course  to  general 
supervision  by  the  selectmen  but  this  supervision  only  to  extend  to 
passing  upon  the  expediency  of  unusual  expenditure  for  specific 
purposes,  such  as  permanently  improving  certain  sections  of  road, 
and  the  general  character  of  the  improvement.  This  settled,  the 
road  commissioner  should  be  left  unhampered  to  carry  out  the  work 
according  to  his  own  best  judgment.619 

Finally,  Wisconsin,  the  banner  State  in  the  field  of  social, 
political,  and  economic  reform  during  the  last  decade,  has 
taken  a  very  positive  stand  on  the  subject  of  expert  road 
administration.  A  Special  Joint  Committee  on  Highways 
in  the  legislature  made  an  exhaustive  investigation  and  sub- 
mitted a  report  in  1910.  The  problem  of  distributing 
authority  among  the  different  units  of  government  —  State, 
county,  and  local  —  receives  special  attention  by  the  com- 
mittee. In  this  connection  the  report  is  a  very  sane,  well 
balanced  document,  recommending  centralized  power  and 
authority  only  when  necessary  and  reserving  to  the  local 
units  of  government  powers  which  ought  to  be  placed  under 
their  jurisdiction.  The  following  statements  are  instruc- 
tive: 


286       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The  committee  is  of  the  opinion  that  the  county  and  not  the  town 
should  be  made  the  unit,  and  the  people  of  our  state  universally 
recognize  this  fact :  that  the  town  alone  is  too  small  and  weak  to  do 
effective  work ;  and  that  better  results  can  be  obtained  by  accepting 
the  county  as  a  unit  and  adopting  a  county  system.  The  county 
system,  with  authority  vested  in  the  county  board  similar  to  that 
contemplated  in  this  bill  has  given  satisfaction  where  tried. 

Speaking  of  the  work  of  drafting  the  highway  bill  the 
committee  reported  as  follows : 

First  of  all  there  appeared  to  be  very  little,  if  any,  dissent  from 
the  proposition  that  the  initiative  in  the  matter  of  road  construction 
should  be  left  with  the  town ;  that  the  town  and  county  should  work 
together,  thus  making  the  county  the  working  unit ;  it  being  agreed 
that  the  town  is  too  small  and  the  state  too  large  for  that  purpose. 
The  committee  also  found  an  equal  unanimity  upon  the  provision 
that  the  town,  county  and  state  should  bear  the  burden  of  the  cost 
of  construction  in  approximately  equal  shares.620 

Even  a  brief  study  of  the  problem  of  State  aid  and  cen- 
tralized administration  would  be  incomplete  without  calling 
attention  to  the  bearing  of  this  program  of  reform  upon  the 
fundamental  principles  underlying  our  democratic  institu- 
tions. The  reader  is  well  aware  of  the  fact  that  the  old-time 
objection  to  a  more  centralized  system  of  supervision  and 
control  was  that  it  destroyed  local  self-government.  This 
argument  has  been  advanced  over  and  over  again  not  only 
in  Iowa,  but  in  every  State  of  the  Union,  and  the  fact  that 
it  is  frequently  successful  in  preventing  real  progress  is 
well  known  to  the  friends  of  the  good  roads  movement. 
This  being  true,  it  is  important  to  ascertain  whether  in 
reality  the  argument  rests  on  solid  foundations  or  merely 
consists  of  so  much  verbiage. 

It  is  a  well  established  principle  of  democratic  govern- 
ment that  representation  is  the  only  logical  and  just  basis 
of  taxation.  This  is  true  whether  the  unit  of  government 
concerned  is  the  State,  the  county,  the  township,  the  city,  or 


COMPARATIVE  STUDY  OF  ROAD  LEGISLATION    287 

any  other  minor  subdivision.  To  the  extent  that  money  is 
voted  and  levied  in  a  civil  township  it  ought  to  be  expended 
in  that  township.  Otherwise,  there  is  an  absence  of  either 
pure  democracy  or  representative  government.  To  the  ex- 
tent that  money  is  levied  by  the  authority  of  the  county 
board  of  supervisors  or  any  similar  body  it  should  be  ex- 
pended under  the  supervision  and  control  of  the  county. 
Finally,  money  levied  by  the  authority  of  the  State  legis- 
lature and  paid  by  the  people  of  the  whole  State  should 
be  expended  under  the  supervision  and  control  of  the  State. 
Otherwise  the  very  fundamental  principles  of  representa- 
tive government  are  ignored. 

Following  this  course  of  reasoning,  it  is  obvious  that 
money  secured  either  by  the  levy  of  State  taxes,  or  by  the 
issue  of  State  bonds,  or  in  any  other  way  by  the  State 
should  not  be  expended  under  the  supervision  and  control 
of  either  township  or  county  authorities.  To  permit  such  a 
practice  would  be  to  grant  to  officers  in  one  township  or 
county  the  right  to  appropriate  money  which  had  been 
raised  in  remote  sections  of  the  State. 

A  thoughtful,  comparative  study  of  road  legislation  and 
administration,  therefore,  leads  to  three  conclusions :  first, 
the  problem  of  building  permanent  roads  and  constructing 
the  best  type  of  bridges  is  one  of  expert  engineering  science, 
on  the  one  hand,  and  of  expert  administration,  on  the  other, 
requirements  which  can  be  met  only  by  the  larger  units  of 
government,  namely,  the  county  and  the  State;  second, 
judged  from  the  economic  standpoint  the  amount  of  revenue 
required  to  carry  on  these  undertakings  is  so  large  as  to 
demand  a  more  extensive  taxable  area,  in  some  cases  the 
county,  in  others  the  State ;  and  finally,  as  a  logical  result  of 
these  facts,  if  the  time-honored  principles  of  representative 
institutions  are  to  prevail,  supervision  and  control  should 
go  hand  in  hand  with  dollars  and  cents  appropriated  and 
expert  services  rendered. 


288       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

In  other  words,  authority  over  the  construction  and  main- 
tenance of  roads  and  bridges  must  be  a  State  function  in 
proportion  to  the  amount  of  money  levied  on  the  people  of 
the  entire  State  and  paid  out  of  the  State  treasury.  In  the 
same  way  supervision  and  control  of  roads  and  bridges 
should  remain  a  county  function  or  a  township  function  in 
proportion  to  the  amount  of  money  raised  in  those  respec- 
tive jurisdictions.  Democratic  institutions  are  not  deter- 
mined primarily  by  the  size  of  the  political  unit,  but  rather 
by  the  principle  of  responsible  representation  and  the 
judicious  expenditure  of  public  funds. 

Finally,  the  reader  will  recall  the  fact  that  one  of  the  five 
important  standpoints  from  which  the  subject  of  road  legis- 
lation must  be  judged  is  that  of  the  economics  of  trans- 
portation. This  again  offers  a  practically  unlimited  field 
for  investigation.  Good  road  enthusiasts  and  representa- 
tives of  the  press  have  indulged  in  much  hasty  general- 
ization along  this  line,  but  very  little  scientific  data  has  been 
collected. 

First  of  all,  it  should  be  recognized  that  the  problem  is  a 
complex  one,  involving  careful  research  work  in  the  sepa- 
rate fields  of  political,  economic,  and  engineering  science. 
Indeed,  judged  from  the  standpoint  of  research,  the  subject 
of  the  economics  of  transportation  is  practically  a  virgin 
field  of  investigation  where  the  labors  of  the  civil  engineer 
and  the  political  economist  will  always  be  supplementary 
and  interdependent.  This  is  true  whether  the  problem  is 
approached  from  the  standpoint  of  public  expenditure,  on 
the  one  hand,  or  of  traction  resistance,  on  the  other. 

In  Iowa  it  has  been  frequently  alleged  that  at  least  half 
of  the  revenue  expended  on  roads  and  bridges  is  absolutely 
wasted,  largely  as  a  result  of  the  present  careless  and  in- 
efficient system  of  highway  administration.  This  estimate 
was  made  more  than  a  quarter  of  a  century  ago  by  Gov- 
ernors Gear  and  Sherman  and  it  is  now  being  repeated 


COMPARATIVE  STUDY  OF  ROAD  LEGISLATION    289 

almost  daily  through  the  press  of  the  State  by  business  men, 
lawyers,  civil  engineers,  and  practical  road  builders,  in  fact 
by  men  in  almost  every  walk  of  life.  Yet  if  this  is  true  it 
means  that  the  Commonwealth  of  Iowa  is  wasting  $2,500,000 
annually,  or  more  than  double  the  amount  that  is  now  being 
expended  to  support  the  cause  of  higher  education. 

In  order  to  determine  the  actual  amount  of  the  economic 
waste  resulting  from  the  high  traction  resistance  of  our 
roads  and  from  the  loose  system  of  administration,  it  is 
necessary  to  study  the  various  materials  of  construction, 
analyze  the  laws  of  strains  and  stresses,  carry  on  experi- 
ments for  ascertaining  the  cost  of  hauling  produce  on  dif- 
ferent road-beds  and  up  different  grades,  and  consider 
numerous  other  closely  allied  problems  of  an  engineering 
and  economic  character.  The  cost  of  structural  steel,  con- 
crete and  other  materials  of  construction,  also  the  wages  of 
labor  are  among  the  economic  questions  which  the  highway 
engineer  must  always  have  in  mind  when  preparing  his 
plans  and  specifications. 


19 


APPENDIX 


291 


APPENDIX 

DATA  RELATIVE  TO  ROAD  ADMINISTRATION 
IN  THE  UNITED  STATES 

The  following  data  is  presented  for  the  purpose  of 
indicating  briefly  the  systems  of  road  administration  em- 
ployed in  the  various  States  of  the  Union,  together  with  the 
methods  of  State  aid,  and  other  information  relative  to  the 
construction  of  roads  and  bridges. 

ALABAMA 

The  State  Highway  Commission  consists  of  a  professor 
of  civil  engineering  in  the  Alabama  Polytechnic  Institute 
selected  by  the  governing  board  of  the  Institute,  the  State 
Geologist,  and  three  civilians  appointed  by  the  Governor 
for  a  term  of  four  years.  The  Commission  is  required  to 
appoint  a  competent  civil  engineer  to  serve  as  State  High- 
way Engineer  at  an  annual  salary  of  not  more  than 
$4,000.621 

An  annual  appropriation  of  $154,000  has  been  authorized 
for  State  aid  —  not  including  $10,000  for  office  expenses, 
which  sum  may  be  increased  to  $20,000  at  the  discretion  of 
the  Governor.  The  State  Highway  Engineer  is  required  to 
prepare  and  keep  a  general  highway  plan  of  the  State, 
collect  statistics  relative  to  the  mileage,  the  character,  and 
the  condition  of  highways  and  bridges,  have  general  super- 
vision of  the  construction  and  repair  of  all  roads  and 
bridges  improved  under  the  State  aid  law,  furnish  where 
needed  during  the  progress  of  road  construction  in  any 
county  a  competent  engineer  who  is  required  to  see  that  all 
work  is  done  according  to  plans  and  specifications,  and 

293 


294       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

finally  make  a  map  within  two  years  of  such  of  the  main 
highways  in  the  State  as  should  be  improved  and  main- 
tained at  the  expense  of  the  State  in  cooperation  with  the 
counties.  All  contracts  must  be  let  to  the  lowest  responsible 
bidder,  subject  to  the  approval  of  the  State  Highway  Com- 
mission. Indeed,  the  Commission  is  clothed  with  very  large 
powers  and  authority  both  as  to  the  improvement  and  as  to 
the  maintenance  of  all  public  highways  which  receive  the 
benefit  of  State  aid. 

Since  in  the  southern  States  the  county  is  the  important 
unit  of  local  administration  it  is  not  surprising  that  in 
Alabama  public  roads,  bridges,  and  ferries  are  placed  under 
the  jurisdiction  of  what  is  called  the  court  of  county  com- 
missioners, who  may  divide  the  county  into  a  convenient 
number  of  road  districts,  each  district  being  placed  under 
the  jurisdiction  of  an  overseer,  and  may  also  appoint  a 
county  supervisor  of  roads,  who  shall  be  a  competent  civil 
engineer,  to  prepare  surveys,  maps,  plats,  and  plans  of  the 
public  roads  and  superintend  the  work  of  overseers,  con- 
tractors, employees,  and  road  hands.622 

All  able-bodied  men  between  eighteen  and  forty-five  years 
of  age,  unless  exempt  by  law,  are  liable  to  work  on  the  high- 
ways not  to  exceed  ten  days  a  year  or  commute  for  the  same 
by  the  payment  of  not  more  than  ten  dollars  in  money.  The 
statutes  further  provide  that  counties  may  also  be  divided 
into  road  districts  for  the  purpose  of  ordering  an  election 
on  the  question  of  levying  special  road  taxes.  While  a 
majority  vote  decides  this  question,  the  court  of  county 
commissioners  does  not  have  the  authority  to  levy  a  tax  of 
more  than  one-fourth  of  one  per  cent  on  the  assessed  value 
of  property  for  road  purposes.  Finally,  convict  labor  in 
any  county  or  municipality  is  provided  for  by  the  statutes  of 
Alabama  and  the  court  of  county  commissioners  is  author- 
ized to  transfer  from  the  county  treasury  any  surplus  not 
needed  for  general  purposes. 


APPENDIX  295 

AEIZONA 

A  State  Highway  Engineer  is  appointed  by  the  Governor 
with  the  consent  of  the  Council  for  two  years  and  receives 
an  annual  salary  of  $3,000.  The  State  Board  of  Control, 
composed  of  the  Governor,  Auditor  of  State,  and  one  other 
person,  must  require  the  State  Engineer  to  make  maps  and 
furnish  estimates  of  the  cost  of  State  highways  and  at  the 
same  time  designate  such  roads  as  are  deemed  proper  and 
expedient  to  be  improved  and  maintained  as  State  high- 
ways.623 All  work  on  State  highways  must  be  let  by  con- 
tract to  the  lowest  responsible  bidder,  subject  to  the 
approval  of  the  Board  of  Control.  All  State  highways  and 
bridges  are  constructed  and  maintained  entirely  at  the  cost 
of  the  State  out  of  a  fund  obtained  by  the  levy  of  a  tax  of 
not  more  than  one-fourth  of  one  per  cent  on  all  the  taxable 
property  of  the  State. 

For  the  purpose  of  local  administration  the  county  board 
of  supervisors  is  required  to  appoint  a  county  superintend- 
ent of  roads,  who  shall  have  charge  of  all  public  highways 
in  the  county  subject  to  the  control  of  the  board  of  super- 
visors. Aside  from  the  State  levy  already  noted,  revenue 
for  the  support  of  roads  and  bridges  is  obtained  by  a  poll 
tax  of  two  dollars,  payable  in  cash,  and  a  county  levy  of  not 
more  than  one-fourth  of  one  per  cent  on  the  assessed  value 
of  all  real  and  personal  property.624 

AEKANSAS 

The  public  roads  are  placed  under  the  supervision  of  the 
county  court,  which  is  given  authority  to  divide  the  county 
into  road  districts,  appointing  one  overseer  for  each  dis- 
trict.625 In  counties  where  a  road  tax  is  levied  or  where  the 
county  prisoners  are  required  to  work  upon  the  public  high- 
ways the  working  of  roads  may  be  let  by  contract  to  the 
lowest  responsible  bidder  and  a  county  road  commissioner 
appointed  and  paid  a  reasonable  salary.  When  this  system 


296       HISTORY  OP  ROAD  LEGISLATION  IN  IOWA 

is  adopted  the  roads  are  classified  by  the  county  road  com- 
missioner, who  is  also  required  to  prepare  plans  and  speci- 
fications for  bridges  and  for  any  permanent  improvements 
that  may  be  necessary.  In  counties  adopting  the  contract 
system  all  contracts  are  awarded  by  the  county  judge  and 
county  road  commissioner.  Finally,  it  should  be  stated  that 
the  county  court  also  has  the  option  of  declaring  each  town- 
ship a  road  district,  the  road  overseer  to  be  elected  in  the 
same  manner  as  other  township  officers. 

In  addition  to  the  property  tax  levied  for  road  purposes, 
all  able-bodied  men  within  certain  ages  are  required  to  work 
on  the  roads  of  their  township  four  days  out  of  each  year  or 
commute  for  the  same  at  the  rate  of  one  dollar  per  day. 
The  levy  of  road  taxes  must  be  submitted  to  a  vote  of  the 
people  at  the  time  of  the  regular  election  of  county  officers. 
If  a  majority  vote  is  cast  in  favor  of  such  a  tax  the  county 
court,  together  with  a  majority  of  the  justices  of  the  peace, 
may  levy  not  less  than  two  and  one-half  nor  more  than 
three  mills  on  each  dollar  of  taxable  property  in  the  county. 

One  unique  provision  of  the  road  legislation  of  Arkansas 
is  that  giving  the  county  court  power  to  establish  road 
improvement  districts.626  Before  this  can  be  done,  however, 
it  is  necessary  to  file  a  petition  signed  by  a  certain  number 
of  the  land  owners  of  the  county.  Where  road  improvement 
districts  are  established  three  directors  are  elected  by  the 
land  owners  and  are  given  general  supervision  and  author- 
ity to  construct  and  maintain,  by  contract  or  otherwise,  all 
roads  in  their  district  and  to  expend  for  this  purpose  an 
amount  not  to  exceed  twenty-five  per  cent  of  the  value  of 
the  property  in  their  district.  They  are  also  authorized  to 
issue  bonds,  the  amount  of  which  shall  not  exceed  twenty 
per  cent  of  the  value  of  the  property.  This  act,  however, 
applies  only  to  thirty-eight  out  of  the  seventy-five  counties. 
Finally,  the  General  Assembly  of  Arkansas  in  1911  created 
the  office  of  County  Highway  Engineer.  This  officer  is  ap- 


APPENDIX  297 

pointed  by  the  county  court  and  is  vested  with  general 
supervision  of  all  the  public  roads  of  the  county.627 

CALIFOENIA 

In  1907  the  legislature  created  a  State  Highway  Depart- 
ment to  consist  of  the  Governor,  the  State  Engineer  as  chief 
executive  officer  of  the  department,  the  chief  superintendent 
of  state  hospitals,  and  the  chairman  of  the  board  of  harbor 
commissioners  of  San  Francisco.  The  State  Engineer  is 
appointed  by  the  Governor  with  the  advice  and  consent  of 
the  Senate,  for  a  term  of  four  years,  receives  a  salary  of 
$4,800,  and  is  given  complete  charge  of  the  engineering 
work  of  the  department.628 

The  State  Department  of  Engineering  has  full  control  of 
all  so-called  State  highways  and  of  all  moneys  expended  by 
the  State  for  the  improvement  of  roads.  It  supplies,  with- 
out charge,  information  to  road  authorities  upon  request, 
collects  data  regarding  suitable  road  material,  publishes 
the  same  in  bulletin  form,  may  obtain  rights  of  way  by  pur- 
chase or  condemnation,  and  finally  may  appoint  superin- 
tendents of  State  highways. 

Prior  to  1910  California  had  made  no  direct  provision  for 
State  aid,  although  the  State  had  built  roads  through  the 
mountains  and  sparsely  settled  districts  where  the  people 
were  not  able  to  meet  the  expenses  of  construction.  In  1909, 
however,  the  legislature  passed  an  act  submitting  to  the 
people  at  the  general  election  of  1910  a  proposition  to  vote 
bonds  to  the  amount  of  $18,000,000  for  the  building  of  per- 
manent State  roads.  The  bond  issue  was  approved,  thus 
placing  California  near  the  top  of  the  list  of  good  road 
States. 

The  general  control  of  highways  is  vested  in  the  county 
board  of  supervisors,  which  may  form  road  districts  for 
permanent  improvements,  issue  bonds,  and  levy  special 
taxes  to  pay  the  expenses  of  such  work.629  The  county 


298       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

supervisors  are  also  given  power  to  appoint  a  competent 
person  to  act  as  engineer.  It  should  be  noted,  however,  that 
the  power  of  the  board  to  establish  such  road  improve- 
ment districts  and  to  construct  gravel,  macadamized,  oil,  or 
otherwise  improved  roads,  can  not  be  exercised  in  case  an 
objection  is  made  by  a  majority  of  the  land  owners. 

Bonds  may  be  issued  to  promote  permanent  improve- 
ments, the  same  to  extend  twenty  years,  bear  not  to  exceed 
seven  per  cent  interest,  and  be  paid  for  out  of  funds  secured 
partly  by  the  county  and  partly  from  a  special  district  tax. 
In  other  words,  the  county  board  in  such  cases  must  trans- 
fer from  the  general  county  fund  to  each  improvement 
district  an  amount  which  in  their  judgment  is  a  fair  pro- 
portion of  the  road  fund  of  the  supervisorial  district  in 
which  the  improvement  is  located.  All  highway  taxes  are 
required  to  be  paid  in  cash  and  the  county  board  of  super- 
visors may  levy  an  annual  property  tax  of  not  to  exceed 
four  mills  on  the  dollar  on  assessable  property.  In  addition 
to  the  property  tax  every  male  citizen  between  the  ages  of 
twenty-one  and  fifty  years  is  required  to  pay  a  road  poll  tax 
of  three  dollars  unless  specifically  exempted  by  law. 

In  the  report  of  the  State  Engineer  dated  1910  it  is  stated 
that  the  law  creating  the  State  Highway  Department  enact- 
ed in  1907  was  so  amended  as  to  concentrate  more  power 
and  authority  in  the  hands  of  the  State  department.  "  It  is 
but  reasonable  to  suppose",  reads  the  report,  "that,  where 
the  work  is  spread  among  a  number  of  boards,  that  you  can- 
not get  uniformity,  and  you  cannot  get  the  best  results,  nor 
can  you  get  the  best  economy. "  63°  Reference  is  also  made 
to  the  necessity  of  granting  the  Department  of  Engineering 
the  full  power  of  awarding  contracts  for  the  construction  of 
the  various  works  of  the  State.  Indeed,  the  large  powers 
granted  the  State  Highway  Commission,  on  the  one  hand, 
and  the  issue  of  $18,000,000  in  bonds,  on  the  other,  have 
been  primarily  responsible  for  the  great  improvement  of 
the  public  highways  in  California. 


APPENDIX  299 

COLOEADO 

In  1909  the  legislature  of  Colorado  created  a  State  High- 
way Department,  the  commission  to  consist  of  three  mem- 
bers appointed  by  the  Governor  for  six  years,  the  eastern, 
central,  and  western  sections  of  the  State  each  having  a 
representative  on  the  board.  The  commission  employs  a 
secretary  who  must  be  a  trained  civil  engineer,  at  an  an- 
nual salary  of  $2,500,  and  is  given  authority  to  apportion 
the  State  aid  fund  among  the  counties,  to  prepare  maps 
showing  the  location  of  all  State  aid  roads  as  well  of  all 
public  roads,  to  ascertain  the  location  of  road  materials,  to 
prepare  rules  and  regulations  for  the  improvement  and 
maintenance  of  State  roads,  to  make  all  necessary  changes 
in  any  surveys,  plans,  and  specifications  prepared  by  the 
various  boards  of  county  commissioners,  to  exercise  general 
supervision  over  all  local  boards,  approve  contracts  for 
work  upon  State  roads  before  being  let  by  the  county  com- 
missioners, and  finally,  to  receive  annual  reports  from  all 
of  the  various  county  boards.631 

According  to  the  provisions  of  the  same  act,  the  county 
commissioners  are  required  to  prepare  a  map  of  their 
county  showing  the  roads  considered  sufficiently  important 
to  receive  State  aid,  a  copy  of  said  map  being  filed  with  the 
State  Highway  Commission.  Accompanying  the  map  must 
also  be  a  statement  of  the  location  of  suitable  road  materials 
within  the  county.  Not  later  than  January  1, 1912,  the  law 
requires  that  the  highway  commission  must  have  completed 
a  road  map  of  the  entire  State  showing  all  open  public 
roads,  and,  in  a  different  color,  all  roads  considered  by  the 
commission  of  sufficient  public  importance  to  receive  State 
aid.  This  work  being  accomplished  it  is  made  the  duty  of 
the  commission  to  divide  State  aid  roads  into  two  classes, 
primary  and  secondary,  the  primary  roads  to  be  improved 
first.  For  the  purpose  of  State  aid  the  sum  of  $50,000  was 
appropriated. 


300       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The  board  of  county  commissioners  has  control  of  county 
roads,  may  divide  the  county  into  suitable  road  districts 
from  time  to  time,  appoint  annually  a  road  overseer  for 
each  district,  and  may  levy  a  maximum  property  tax  of  one 
dollar  for  every  one  hundred  dollars  of  valuation  for  road 
purposes.  The  county  commissioners  are  further  clothed 
with  authority  to  create  an  indebtedness  for  the  building  of 
roads  and  bridges  when  the  same  is  authorized  by  a  ma- 
jority of  the  voters  of  the  county.  All  property  taxes  must 
be  paid  in  cash,  but  the  road  poll  tax  of  three  dollars  may  be 
paid  by  performing  two  days  labor  on  the  highways. 
Finally,  State  prison  authorities  are  authorized  to  work 
convicts  on  State  roads. 

It  should  be  noted,  however,  that  properly  organized  road 
districts,  so  called,  are  made  bodies  corporate.  In  counties 
organized  on  that  basis  the  office  of  road  overseer,  already 
noted,  is  abolished  and  in  lieu  thereof  the  county  commis- 
sioners are  authorized  to  appoint  a  superintendent  of  roads 
and  bridges  who  is  given  charge  of  the  construction  and 
maintenance  of  bridges  and  of  those  roads  coming  under 
the  jurisdiction  of  the  commissioners.  Furthermore,  what 
amounts  to  a  third  system  of  local  administration  is  pro- 
vided for  in  case  a  petition  is  filed,  signed  by  a  majority  of 
the  qualified  electors.  The  county  commissioners  may 
organize  any  county  into  road  districts,  three  directors  be- 
ing elected  by  popular  vote  for  each  district,  who  are  given 
supervision  of  all  roads  and  bridges  except  those  under  the 
jurisdiction  of  the  commissioners  themselves. 

CONNECTICUT 

The  State  of  Connecticut  has  been  very  progressive  in  the 
matter  of  providing  for  good  roads  and  an  efficient  system 
of  road  administration.  The  State  Highway  Department  is 
under  the  supervision  of  a  highway  commissioner  appointed 
by  the  Governor  for  a  term  of  four  years,  who  must  be  an 


APPENDIX  301 

experienced  road  builder  and  who  receives  an  annual  salary 
of  $5,000,  together  with  his  actual  and  necessary  traveling 
expenses.  The  highway  commissioner  is  required  to  ap- 
point one  deputy,  eight  division  engineers,  and  such  other 
assistants  as  from  time  to  time  may  be  necessary  to  make 
surveys,  plans,  specifications,  and  maps.  The  State  is  di- 
vided into  eight  highway  districts,  one  division  engineer 
being  assigned  to  each  district.632 

It  is  made  the  duty  of  the  highway  commissioner  to 
designate  highways  to  be  constructed  or  improved  in  towns 
where  the  same  are  desired;  keep  in  repair  roads  built  by 
the  State,  one-fourth  of  the  cost  of  such  work  being  charged 
to  the  town ;  maintain  in  good  condition  all  State  aid  roads ; 
and  let  contracts  for  permanent  road  improvements.  In 
case  the  selectmen  refuse  to  carry  out  the  vote  of  their  town 
for  a  State  aid  road,  the  highway  commissioner  is  vested 
with  authority  to  enter  the  town  and  perform  this  duty,  a 
power  which  obviously  represents  a  large  measure  of  cen- 
tralized control.  As  an  additional  example  of  State  super- 
vision and  control  it  should  be  noted  that  prior  to  1907  all 
contracts  for  State  aid  roads  had  been  let  by  the  selectmen 
of  the  towns,  but  under  the  new  law  this  very  important 
power  was  vested  in  the  State  Highway  Department.  In 
other  words,  from  the  standpoint  of  letting  contracts,  build- 
ing permanent  roads,  and  keeping  the  same  in  repair,  Con- 
necticut within  recent  years  has  developed  a  very  large 
measure  of  State  supervision  and  control  of  highways. 

Connecticut  also  provides  very  liberally  in  the  way  of 
taxes  for  the  support  of  roads.  As  has  already  been  sug- 
gested the  salary  of  the  highway  commissioner  is  $5,000  per 
annum.  In  addition  to  this  he  is  allowed  $8,000  annually  for 
office  expenses.  An  appropriation  of  $29,000  has  been  made 
for  the  salary,  traveling  and  office  expenses  of  the  highway 
commissioner;  $50,000  for  engineers,  deputies,  and  inspec- 
tors; $5,000  for  the  operation  and  maintenance  of  State 


302       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

crushing  plants ;  and  $50,000  for  making  repairs  on  public 
roads.633 

Considering  the  fact  that  in  addition  to  the  liberal  appro- 
priations for  expert  services  in  road  building,  the  State  has 
also  authorized  the  issuing  of  $4,500,000  in  bonds  to  be  ex- 
pended under  the  direction  of  the  State  Highway  Depart- 
ment at  the  rate  of  not  to  exceed  $750,000  per  annum  it  is 
apparent  that  Connecticut  should  be  placed  in  the  list  of 
good  road  States.  The  relative  appropriations  given  to  the 
towns  by  the  State  for  the  construction  of  State  aid  roads 
has  also  increased.  Prior  to  1907  the  State  had  paid  two- 
thirds  or  three-fourths  of  the  cost,  depending  upon  the 
taxable  valuation  of  the  town,  but  under  the  new  law  the 
State  now  pays  three-fourths  of  the  cost  in  towns  having 
a  taxable  valuation  of  over  $1,250,000  and  seven-eighths  of 
the  cost  in  towns  having  a  lower  taxable  valuation. 

From  the  standpoint  of  local  administration,  authority  is 
vested  partly  in  the  counties  and  partly  in  the  several  town- 
ships. Towns  at  their  annual  meetings  provide  for  the 
repair  of  highways.  If  the  towns,  however,  neglect  to  re- 
pair their  highways  the  county  commissioners  have  the 
power  to  order  the  repairs  made,  and  in  case  the  selectmen 
refuse  to  do  the  work  the  same  may  be  done  by  the  county 
authorities  and  the  cost  collected  from  the  town.  Any  town 
is  authorized  to  issue  bonds  if  it  has  incurred  an  indebted- 
ness of  more  than  $10,000,  but  the  rate  of  interest  must  not 
exceed  six  per  cent.  Finally,  the  State  requires  that  all 
property  taxes  shall  be  paid  in  cash. 

DELAWARE 

There  are  only  three  counties  in  the  State  of  Delaware : 
Kent,  Sussex,  and  New  Castle.  The  Governor,  subject  to 
the  approval  of  the  Senate,  appoints  one  State  highway 
commissioner  for  New  Castle  County  and  also  one  for  Kent 
County,  each  at  an  annual  salary  of  $1,000.  The  Levy 


APPENDIX  303 

Court  of  New  Castle  County  also  appoints  a  county  com- 
missioner at  a  salary  of  $2,500  per  annum.  This  rather 
unique  arrangement  is  obviously  the  result  of  certain  local 
conditions  prevailing  in  Delaware.  In  all  three  counties 
general  authority  or  jurisdiction  over  highways  is  vested  in 
the  levy  courts  which  are  required  to  appoint  one  road 
supervisor  for  each  hundred,  a  local  unit  of  government 
which  in  a  measure  resembles  the  civil  township.  In  New 
Castle  County  the  State  Highway  Commission  and  the  Levy 
Court  have  joint  supervision  and  control  of  both  State  and 
county  roads.634 

The  highway  commissioner  reports  biennially  to  the  legis- 
lature, is  required  to  give  his  consent  before  State  aid 
money  is  paid,  has  charge  of  all  work  after  the  contract  has 
been  awarded,  and  appoints  a  supervisor  of  construction 
whose  salary  is  paid  by  the  Levy  Court.  It  is  further  made 
the  duty  of  the  commissioner  to  investigate  the  most  prac- 
ticable methods  of  constructing  roads,  make  an  estimate  of 
cost,  and  prepare  plans  and  specifications.  One-half  of  the 
cost  of  all  State  aid  roads  is  paid  by  the  county  and  the 
other  half  by  the  State,  the  present  annual  appropriation 
being  $30,000.  All  road  taxes  levied  in  New  Castle  County 
must  be  paid  in  cash. 

FLORIDA 

Jurisdiction  over  roads  and  bridges  is  vested  in  the  board 
of  county  commissioners,  each  commissioner's  district  be- 
ing considered  a  road  district.635  The  county  board  ap- 
points three  persons  in  each  road  district  as  commissioners 
of  roads  and  bridges,  and  may  appoint  a  county  road  super- 
intendent to  supervise  and  direct  the  building  and  repairing 
of  all  public  roads  in  the  county.  It  is  made  the  duty  of  the 
road  commissioners  to  lay  off  the  roads  in  their  respective 
districts  and  to  appoint  overseers  for  each  subdivision  of 
the  same. 


304       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The  county  commissioners  in  each  county  are  authorized 
to  levy  a  road  tax  not  to  exceed  five  mills  on  the  dollar  of 
assessed  valuation  of  real  and  personal  property,  provided, 
however,  that  in  counties  not  constructing  paved,  macadam- 
ized, or  hard  surfaced  roads  an  additional  road  tax  of  not 
exceeding  three  mills  may  be  levied  to  be  used  solely  for 
the  purpose  of  constructing  roads.636  Counties  are  also 
authorized  to  issue  bonds  for  road  purposes,  and  every 
able-bodied  male  citizen  not  exempt  by  law  is  required  to 
work  five  days  each  year  on  the  public  highways  or  com- 
mute for  the  same  at  the  rate  of  one  dollar  per  day. 

A  law  passed  in  1911  authorized  the  formation  of  road 
improvement  districts  on  a  petition  signed  by  not  less  than 
twenty-five  per  cent  of  the  registered  voters.637  In  case 
said  special  road  and  bridge  improvement  district  is  formed, 
the  board  of  county  commissioners  is  required  to  prepare 
plans  and  specifications  and  let  the  contract  for  work  to  the 
lowest  responsible  bidder.  Eevenue  may  be  obtained  either 
by  a  special  tax  or  by  the  issuing  of  bonds  as  determined 
upon  by  the  people  themselves.  Finally,  it  should  be  stated 
that  convict  labor  on  the  public  highways  is  authorized  by 
the  laws  of  Florida,  and  the  road  legislation  of  1911  pro- 
vided for  a  progressive  license  tax  on  motor  vehicles,  to  be 
paid  into  the  road  and  bridge  funds  of  the  various  counties. 

GEORGIA 

The  board  of  county  commissioners  or  the  so-called 
ordinary  of  the  county  court  has  jurisdiction  over  the  roads, 
divides  the  county  into  road  districts  and  appoints  three 
commissioners  for  each  road  district,  who  in  turn  are  re- 
quired to  appoint  road  overseers.638  It  is  made  the  duty  of 
road  overseers  to  superintend  the  work  on  the  highways. 
A  separate  law,  however,  providing  for  what  is  known  as 
the  alternative  road  system,  may  be  adopted  by  any  county 
on  the  recommendation  of  the  grand  jury.  In  counties 


APPENDIX  305 

adopting  this  system,  the  board  of  county  commissioners 
appoints  a  superintendent  of  public  roads,  together  with 
necessary  overseers  and  guards.  All  male  citizens  not  ex- 
empt by  law  are  liable  to  road  duty  not  exceeding  ten  days 
per  year,  which  tax  may  be  commuted  at  the  rate  of  fifty 
cents  per  day. 

The  convict  labor  law  enacted  in  1908  has  received  con- 
siderable publicity  and  should  be  briefly  outlined.  This 
measure  provides  that  all  male  felony  convicts  not  required 
to  be  kept  at  the  State  farm  may  be  employed  by  the  author- 
ity of  the  several  counties  and  municipalities  upon  the 
public  roads,  bridges,  or  other  public  works.  It  is  made  the 
duty  of  the  Prison  Commission  to  communicate  with  the 
county  authorities  and  ascertain  those  counties  desiring  to 
use  convict  labor.  The  convicts  are  apportioned  among  the 
counties  largely  on  the  basis  of  population,  but  under  cer- 
tain conditions  there  may  be  exceptions  to  this  rule.  The 
commission  is  also  authorized  to  purchase  road  machinery, 
appliances,  and  teams  to  organize  road  working  forces. 
The  county  in  which  convicts  are  employed  shall  pay  the 
expenses,  including  the  cost  of  maintenance  and  equipment 
and  all  material  required  for  the  work  which  must  be  done 
in  the  county.  All  convicts  are  placed  under  the  direct 
supervision  of  the  Prison  Commission,  which  is  required  to 
prescribe  rules  and  regulations  for  governing  the  same, 
subject  to  the  approval  of  the  Governor. 

The  convict  labor  law  of  Georgia  has  been  responsible  for 
a  great  deal  of  valuable  work  on  the  highways  of  that  State. 
From  the  standpoint  of  the  construction  and  maintenance 
of  permanent  roads,  there  is  much  to  be  said  in  favor  of  the 
plan.  It  should  be  stated,  however,  that  prison  reform 
workers  and  humanitarians  in  general  have  offered  some 
very  serious  objections  to  this  very  important  convict  law, 
or  perhaps  more  particularly  to  the  manner  in  which  it  has 
actually  been  administered. 

20 


306       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The  public  road  fund  is  made  up  of  the  so-called  com- 
mutation tax  and  a  levy  of  not  more  than  two  mills  on  the 
dollar  of  taxable  valuation,  as  determined  by  the  commis- 
sioners of  roads.  All  able-bodied  men,  unless  exempt  by 
law,  are  subject  to  work  on  the  public  highways  not  exceed- 
ing fifteen  days  in  a  year. 

IDAHO 

Jurisdiction  over  roads  and  bridges  in  Idaho  is  vested: 
first,  in  a  State  Highway  Commission  composed  of  the 
Governor,  the  State  Engineer,  and  the  State  Mining  In- 
spector; second,  in  the  boards  of  county  commissioners  of 
the  respective  counties ;  and  finally,  in  road  overseers  elect- 
ed from  road  districts,  the  boundaries  of  which  are  deter- 
mined by  the  county  board.  The  members  of  the  highway 
commission  serve  without  any  salary,  but  are  allowed  their 
actual  and  necessary  expenses  incurred  while  performing 
their  official  duties.639 

The  State  Highway  Commission  has  general  supervision 
of  all  highways  constructed  in  whole  or  in  part  out  of  the 
State  aid  fund  and  is  required  to  make  an  itemized  report 
each  year  to  the  State  Auditor  of  all  disbursements,  con- 
tracts, and  transactions.  In  case  the  county  commissioners 
refuse  or  fail  to  make  repairs  on  any  road  subject  to  the 
jurisdiction  of  the  highway  commission,  the  latter  may 
establish  such  road  as  a  toll  road  for  a  period  not  exceeding 
five  years. 

Aside  from  the  ordinary  road  districts  determined  upon 
by  the  board  of  county  commissioners  and  placed  under  the 
control  of  road  overseers,  the  law  provides  that  any  portion 
of  a  county  with  twenty-five  or  more  resident  taxpayers  may 
be  organized  into  a  special  road  district.  Special  districts, 
as  thus  defined,  are  organized  by  the  board  of  county  com- 
missioners after  the  project  has  been  approved  by  the  peo- 
ple at  a  district  election.  In  special  road  districts  three 


APPENDIX  307 

i 

resident  good  roads  commissioners  are  elected  and  required 
to  supervise  the  road  work  within  their  districts.  The 
legislature  in  1911  authorized  the  appointment  of  a  county 
road  supervisor  by  the  board  of  county  commissioners.640 

An  annual  property  tax  of  not  less  than  one  nor  more 
than  six  mills  is  levied  for  road  purposes  by  the  board  of 
county  commissioners.  The  board,  however,  may  also  levy 
a  special  road  tax  not  exceeding  ten  mills  on  the  dollar  on 
all  taxable  property  for  road  purposes. 

In  road  districts,  with  the  consent  of  two-thirds  of  the 
qualified  electors,  the  road  commissioners  are  given  author- 
ity to  issue  bonds  not  to  exceed  twenty-five  per  cent  of  the 
assessed  valuation  of  all  real  property  within  the  district. 
Every  male  inhabitant  between  the  ages  of  twenty-one  and 
fifty  is  required  to  perform  two  days  labor  annually  on  the 
road  or  commute  for  the  same  by  the  payment  of  four  dol- 
lars. All  road  taxes  in  contract  road  districts  must  be  paid 
in  cash  and  the  board  of  county  commissioners  may  require 
convicts  to  perform  labor  on  the  highways  under  certain 
conditions.  Finally,  it  should  be  noted  that  by  recent  acts 
appropriations  have  been  made  by  the  legislature  to  build 
certain  special  highways,  as  for  instance  an  appropriation 
of  $5,000  to  complete  the  Atlantic  road. 

ILLINOIS 

The  State  Highway  Commission  is  composed  of  three 
persons  appointed  by  the  Governor,  with  the  advice  and  con- 
sent of  the  Senate,  to  hold  office  for  the  term  of  two  years 
and  receive  no  compensation  except  for  actual  and  neces- 
sary expenses.  The  commission  is  required  to  appoint  a 
State  Engineer,  carries  on  experimental  work  in  road  build- 
ing, investigates  methods  of  construction,  kinds  of  road 
material  and  systems  of  drainage  best  adapted  to  meet  cer- 
tain conditions,  and  prepares  a  uniform  system  of  blanks 
to  be  used  by  local  commissioners  of  highways.641 


308       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

State  aid  is  therefore  given  in  the  form  of  expert  service, 
but  in  addition  the  State  supplies  stone,  crushed  at  the  peni- 
tentiary and  reformatory  institutions,  and  also  road  ma- 
chinery. Local  highway  commissioners  may  apply  for 
State  aid,  but  if  aid  is  granted  they  are  required  to  use  the 
material  and  machinery  according  to  rules  formulated  by 
the  highway  commission. 

From  the  standpoint  of  local  administration  a  dual  sys- 
tem of  supervision  and  control  prevails  in  Illinois.  In 
counties  having  the  township-county  system  three  highway 
commissioners  are  alternately  elected  for  a  term  of  three 
years.  In  counties  having  the  county-township  system  of 
local  government  the  county  board  creates  road  districts  of 
convenient  size,  three  highway  commissioners  being  elected 
in  each  district.  The  highway  commissioners,  in  either 
case,  have  general  charge  and  supervision  of  the  construc- 
tion and  maintenance  of  the  roads  and  bridges  of  their 
respective  townships  or  districts. 

From  the  standpoint  of  revenue,  Illinois  also  has  a  dual 
and  somewhat  complicated  system.  About  one-half  of  the 
townships  of  Illinois  require  the  payment  of  road  taxes  in 
cash,  while  the  other  half  still  permit  payment  in  labor.  In 
townships  under  the  cash  system  highway  commissioners 
may  levy  an  annual  tax  of  not  to  exceed  six  mills,  while  in 
townships  under  the  labor  system  the  tax  limitation  is  four 
mills.  A  township  may  also  vote  on  the  question  of  borrow- 
ing money  for  constructing  hard  roads  by  issuing  bonds, 
which  bonded  debt,  however,  is  not  to  exceed  the  sum  of 
$35,000.  Finally,  the  Board  of  Prison  Industries  may  be 
required  by  the  highway  commission  to  employ  convicts  in 
the  manufacture  of  tile  and  culverts  suitable  for  draining 
the  wagon  roads  of  the  State,  in  the  preparation  of  road 
material,  and  in  the  manufacture  of  machinery,  tools,  and 
other  necessary  appliances  for  the  building  and  repair  of 
highways. 


APPENDIX  309 

INDIANA 

Jurisdiction  over  highways  in  the  State  of  Indiana  is 
vested  in  the  board  of  county  commissioners  and  the  town- 
ship trustees.642  It  is  made  the  duty  of  the  township  trus- 
tees to  divide  their  townships  into  four  or  six  road  districts 
depending  upon  the  area.  A  road  supervisor  is  elected  an- 
nually for  each  district.  Said  officer  is  required  to  construct 
and  maintain  roads  and  bridges  according  to  the  directions 
of  the  township  trustees  and  to  see  that  roads  are  properly 
dragged  whenever  their  condition  makes  it  advisable. 

The  system  of  raising  revenue  for  highway  purposes  is 
somewhat  complicated.  A  general  tax  of  three  mills  is 
levied  annually  by  the  township  trustees  and  an  additional 
tax  of  one  mill  may  be  levied  for  bridges,  subject  to  the 
approval  of  the  board  of  county  commissioners.  A  tax  of 
one  mill  may  also  be  levied  for  every  ten  miles  of  free, 
gravel,  macadamized,  turnpike  roads  completed  in  any 
county,  provided  that  counties  having  less  than  fifty  miles 
of  such  roads  may  be  authorized  to  levy  a  three  mill  tax  for 
road  purposes  in  a  sum  not  exceeding  four  per  cent  of  the 
assessed  valuation  of  the  county.  Both  the  poll  and  prop- 
erty road  tax  may  be  paid  in  either  money  or  labor. 

Bonds  may  be  issued  by  the  board  of  county  commission- 
ers to  an  amount  not  exceeding  two  per  cent  of  the  assessed 
valuation  of  the  county.  Free  gravel  roads  may  be  con- 
structed either  by  assessment,  according  to  benefits  re- 
ceived, or  by  taxation.  If  constructed  on  the  basis  of 
benefits  received,  the  board  of  county  commissioners  ap- 
points three  disinterested  freeholders  as  viewers  and  a 
competent  engineer  to  lay  out  the  proposed  highway  and 
assess  both  the  benefits  and  damages;  provided,  however, 
that  no  lands  shall  be  assessed  for  benefits  that  are  more 
than  two  miles  from  the  contemplated  improvement.  Indi- 
ana has  practically  an  unlimited  amount  of  stone  and 
gravel  and,  largely  as  a  result  of  this  fact,  has  a  very  high 
per  cent  of  permanent  roads. 


310       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

KANSAS 

The  State  of  Kansas  does  not  have  a  highway  commis- 
sion, but  has  created  the  office  of  county  engineer,  and  the 
State  Engineer  at  the  Agricultural  College  gives  advice  and 
prepares  plans  and  specifications  for  roads  and  bridges. 
The  county  engineer  inspects  all  road  work,  classifies  roads, 
investigates  road  materials  in  different  sections  of  the 
State,  and  prepares  plans  and  specifications  for  bridges  and 
permanent  highway  improvements.643 

When  sixty  per  cent  of  the  abutting  land  owners  file  a 
petition,  the  board  of  county  commissioners  may  author- 
ize the  improvement  of  the  highways  under  the  direction  of 
a  superintendent  appointed  by  them.  In  such  cases  seventy- 
five  per  cent  of  the  expense  is  paid  by  the  land  owners  and 
twenty-five  per  cent  by  the  township;  although  under  cer- 
tain conditions  the  county  may  pay  a  portion  of  the  expense. 
The  township,  in  fact,  is  given  considerable  authority  in 
road  matters.  All  roads  are  under  the  control  of  the  town- 
ship board,  subject  to  the  authority  of  the  county  engineer. 
In  other  words,  there  is  a  dual  system  of  township  and 
county  supervision  in  Kansas,  much  the  same  as  there  is  in 
Iowa. 

From  the  standpoint  of  revenue  for  road  purposes,  both 
the  township  and  the  county  are  granted  substantial  author- 
ity. The  county  commissioners  may  levy  an  annual  road 
tax  of  not  more  than  three  mills  except  on  real  estate  in 
certain  cities.  In  the  second  place  the  county  commissioners 
may  also  levy  a  tax  of  not  more  than  one  mill  on  all  taxable 
property  in  each  township ;  and  at  the  same  time  the  town- 
ship board  may  levy  a  road  tax  of  not  more  than  three  mills 
to  improve  the  roads  in  the  township.  Moreover,  what  is 
called  a  good  roads  tax  of  not  more  than  one  mill  may  be 
levied  by  the  county  commissioners  for  a  period  of  not  less 
than  five  years,  subject  to  the  approval  of  a  majority  of  the 
voters  in  the  county,  the  income  from  which  tax  must  be 


APPENDIX  311 

expended  for  the  construction  of  hard  surfaced  roads. 
Finally,  certain  special  assessments  are  authorized,  county 
road  bonds  may  be  issued  up  to  twenty  per  cent  of  the  con- 
struction price  of  a  permanent  improvement,  and  a  road 
poll  tax  of  three  dollars  is  levied  which  may  be  paid  either 
in  money  or  in  labor. 

KENTUCKY 

The  fiscal  court,  so  called,  of  each  county  has  general 
supervision  of  roads  and  bridges.  The  county  judge  divides 
his  county  into  road  precincts,  and  appoints  a  resident  over- 
seer to  have  general  charge  of  the  work  in  each  precinct. 
In  counties  where  the  funds  for  the  working  of  the  roads 
are  raised  by  taxation,  the  fiscal  court  may  appoint  a  county 
supervisor,  a  plan  similar  to  the  system  adopted  in  Iowa  in 
the  Code  of  1851.  The  county  road  supervisor  thus  appoint- 
ed lets  contracts  to  the  lowest  bidder,  inspects  all  road 
work,  and  may  hire  men  to  work  under  his  own  supervision 
in  case  he  desires  not  to  let  the  work  on  contract.  It  is 
made  the  duty  of  the  overseers  to  assist  the  county  super- 
visor and  to  look  after  the  roads  in  their  respective  road 
districts.644 

The  tax  levy  is  placed  in  the  hands  of  the  fiscal  court, 
which  may  levy  a  tax  of  not  more  than  five  mills  annually 
for  road  and  bridge  purposes,  and  also  a  per  capita  tax  of 
not  more  than  one  dollar  for  the  support  of  the  same  fund. 
In  addition,  the  court  may  require  all  male  citizens  not  ex- 
empt by  law  to  work  on  the  roads  not  more  than  six  days  in 
the  year,  and  finally,  provision  is  made  for  convict  labor  on 
the  public  highways. 

An  amendment  to  the  Constitution  of  Kentucky  author- 
izes the  State  to  extend  credit  to  any  county  for  public  road 
purposes,  but  limits  the  amount  of  indebtedness  which  a 
county  may  incur  for  this  purpose  to  five  per  cent  of  the 
value  of  all  taxable  property  located  therein. 


312       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

LOUISIANA 

According  to  the  provisions  of  an  act  passed  in  1910  the 
State  Board  of  Engineers  is  authorized  and  required  to 
appoint  a  competent  State  Highway  Engineer  and  fix  his 
salary  at  a  sum  not  to  exceed  $5,000  per  annum.645  The 
State  Board  of  Engineers  is  also  required  to  appoint  such 
assistant  engineers  and  other  help  as  may  be  necessary  to 
establish,  construct,  and  maintain  public  highways  and 
bridges.  Among  other  things  the  State  Engineer  is  given 
the  right  to  reject  any  or  all  bids  if  a  good  cause  exists. 
Otherwise  he  is  supposed  to  award  the  contract  to  the  low- 
est responsible  bidder,  the  same  to  be  subject  to  the  ap- 
proval of  the  police  jury  or  of  the  mayor  and  council  or 
other  governing  authority.  With  the  approval  of  the  State 
Board  of  Engineers  he  may  also  purchase  for  the  State 
rock  crushers,  steam  rollers,  and  other  road  machinery, 
tools,  implements,  and  draft  animals  which  may  be  needed 
for  the  purposes  of  highway  construction.  It  is  thus  ap- 
parent that  Louisiana  has  made  great  progress  in  the 
important  work  of  road  administration  and  at  the  present 
time  is  entitled  to  be  placed  in  the  list  of  good  road 
States. 

From  the  standpoint  of  local  administration,  public  roads 
are  placed  under  the  jurisdiction  of  the  police  juries,  who 
are  required  to  divide  their  parishes  into  road  districts  and 
appoint  an  overseer  for  each  district.646  Police  juries  are 
authorized  to  levy  special  taxes  for  road  purposes  on  all  real 
and  personal  property  in  the  parishes,  said  tax  to  be  limited 
to  fifteen  dollars  per  annum  on  each  person.  Under  certain 
conditions  negotiable  bonds  may  be  voted  by  a  drainage  dis- 
trict, parish,  or  municipal  corporation  for  the  purpose  of 
paving  and  improving  roads.  Finally,  all  able-bodied  male 
citizens,  unless  exempt  by  law,  are  required  to  work  not  to 
exceed  twelve  days  per  annum  on  the  public  roads  or  com- 
mute for  the  same  at  the  rate  of  one  dollar  per  day. 


APPENDIX  313 

MAINE 

A  State  Highway  Department  was  created  in  1907,  the 
Governor  being  legally  authorized,  with  the  advice  and  con- 
sent of  the  Council,  to  appoint  one  commissioner  of  high- 
ways who  must  be  a  civil  engineer,  holds  office  for  a  term  of 
four  years,  and  receives  a  salary  of  $2,500  per  annum.647 

The  commissioner  of  highways  is  clothed  with  large  pow- 
ers and  authority.  First  of  all,  he  must  give  his  approval 
before  work  is  commenced  on  any  State  road  and  no  State 
aid  is  paid  until  the  work  has  been  performed  to  his  satis- 
faction. All  bids  are  subject  to  his  approval  and  he  may 
appoint  inspectors  to  supervise  the  construction  of  all  roads 
which  are  built  on  the  contract  basis.  Finally,  the  State 
Highway  Commissioner  is  required  to  compile  statistics, 
prepare  maps,  plats,  and  in  various  other  ways  disseminate 
information  as  to  the  best  methods  of  highway  construction. 
In  this  connection  he  conducts  annual  meetings  in  each 
county  to  discuss  the  question  of  good  roads. 

A  very  comprehensive  system  of  State  aid  has  also  been 
worked  out  in  Maine.  A  State  tax  of  one-third  of  one  mill 
is  levied  on  all  property  in  the  State,  which  tax  in  1910 
amounted  to  about  $131,000.  In  order  to  receive  State  aid, 
towns  and  other  subdivisions  of  the  State  are  required 
each  year  to  set  aside  a  certain  part  of  the  road  fund  for  the 
permanent  improvement  of  highways  under  the  supervision 
of  the  State  Highway  Commissioner.  The  amount  thus  re- 
quired depends  upon  the  taxable  valuation.  For  every 
dollar  thus  set  apart  by  the  various  subdivisions  of  local 
government,  the  State  gives  from  seventy-five  cents  to  two 
dollars,  depending  also  upon  the  taxable  valuation.  Where 
the  taxable  valuation  is  $100,000  or  less,  the  State  will  give 
two  dollars  for  every  dollar  locally  raised;  where  it  is  be- 
tween $100,000  and  $200,000  the  State  will  give  $1.50 ;  where 
it  is  between  $250,000  and  $500,000  the  State  will  give  $1.25 ; 
and  finally,  where  the  taxable  valuation  is  between  $500,000 


314       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

and  $1,000,000  the  State  will  give  seventy-five  cents  for 
every  dollar  locally  raised. 

From  the  standpoint  of  local  administration,  jurisdiction 
over  county  roads  is  vested  in  the  court  of  county  commis- 
sioners, and  over  town  roads  in  the  selectmen  or  municipal 
officers.  The  county  commissioners  are  given  authority  to 
designate  State  roads,  but  upon  petition  signed  by  a  ma- 
jority of  the  local  voters  of  a  certain  town  this  matter  may 
be  brought  before  the  State  Highway  Commissioner.  State 
roads,  the  same  as  other  roads,  when  once  completed,  are 
maintained  by  the  cities  and  towns  through  which  they  pass. 
The  county  commissioners,  however,  may  repair  highways 
at  the  expense  of  the  town  if  the  latter  declines  or  neglects 
to  do  so.  Each  town  at  its  annual  meeting  elects  from  one 
to  three  road  commissioners,  who  are  required  to  go  over 
the  roads  of  their  town  and  see  that  they  are  in  good  con- 
dition and  keep  an  accurate  account  of  all  expenditures 
made  by  them.  Funds  for  the  building  and  repair  of  roads 
and  bridges  are  raised  annually  at  the  town  meeting.  All 
property  taxes  must  be  paid  in  cash  and  county  convicts 
may  be  used  to  break  stone  for  the  repair  of  the  public 
highways. 

MAEYLAND 

The  State  Highway  Department  is  composed  of  three 
competent  persons  paid  a  regular  annual  salary  ranging 
from  $2,000  to  $2,500  per  annum,  and  the  Governor  and 
two  men  from  the  State  Geological  and  Economic  Sur- 
vey as  ex-officio  members.  The  latter  receive  no  com- 
pensation. The  commission  is  authorized  to  appoint  a  chief 
engineer  and  as  many  assistants  as  are  necessary.648 

Large  powers  and  authority  are  conferred  upon  the  high- 
way commission,  including  the  preparation  of  a  definite 
plan  or  system  of  State  roads,  a  map  of  the  State  which 
must  be  filed  with  the  county  commissioner  of  every  county, 


APPENDIX  315 

plans  and  specifications  for  permanent  highway  construc- 
tion which  must  also  be  furnished  to  the  county  com- 
missioners. Finally,  the  commission  is  authorized  to  let 
contracts,  supervise  the  work  of  construction,  and  must 
keep  all  State  roads  in  good  condition. 

Bonds  have  been  issued  in  the  sum  of  $6,000,000,  not  more 
than  $1,000,000  of  which  may  be  expended  in  any  one  year. 
It  is  also  stipulated  that  not  more  than  one-half  of  the  cost 
of  building  a  highway  shall  be  paid  out  of  the  State  treas- 
ury, the  amount  received  by  each  county  depending  upon 
its  mileage  of  roads  as  compared  with  the  total  mileage  in 
the  State.  Local  revenues  for  road  purposes  are  levied  by 
the  boards  of  county  commissioners.  Some  counties  levy 
special  taxes  for  road  purposes  and  others  use  the  general 
county  fund  for  the  building  of  roads.  All  property  taxes 
must  be  paid  in  cash  and  the  boards  of  county  commission- 
ers may  authorize  the  working  of  county  prisoners  on  the 
public  highways.  Finally,  the  license  tax  on  automobiles 
is  paid  into  the  State  treasury,  one-fifth  of  the  same  being 
expended  in  Baltimore  and  the  remaining  four-fifths  being 
distributed  among  the  counties  for  repairs  on  State  aid 
roads. 

MASSACHUSETTS 

Perhaps  no  State  in  the  Union  has  made  greater  progress 
in  the  construction  of  permanent  roads  than  Massachusetts. 
The  State  Highway  Commission  consists  of  three  members 
appointed  by  the  Governor  for  a  term  of  three  years,  at  an 
annual  salary  of  $2,500,  except  the  chairman  who  receives 
$3,500  per  annum.  The  members  are  required  to  devote  all 
of  their  time  to  the  work,  receive  their  necessary  traveling 
expenses,  and  may  appoint  as  many  clerks  and  expert  en- 
gineers as  are  necessary.649 

Among  other  duties,  the  commission  is  required  to  pre- 
pare maps  showing  both  the  location  of  public  roads  and  the 


316       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

places  where  the  best  road  materials  may  be  found.  It  is 
given  full  control  over  State  highways,  prepares  plans  and 
specifications  for  the  same,  accepts  or  rejects  all  bids,  and  is 
required  to  hold  at  least  one  meeting  in  each  county  annual- 
ly for  the  purpose  of  discussing  the  question  of  good  roads. 

In  1907  a  bond  issue  of  $2,500,000  was  authorized,  not 
more  than  $500,000  to  be  expended  in  any  one  year.  In 
addition  to  this  large  amount  of  money  for  the  building  of 
permanent  roads,  Massachusetts  has  made  very  liberal  pro- 
vision for  the  same  purpose  by  taxation.  For  example  in 
1908  the  legislature  appropriated  $150,000  for  maintenance, 
in  addition  to  $85,000  which  at  the  same  time  was  available 
from  the  motor  vehicle  fees.  The  engineers  of  the  com- 
mission estimated  that  over  $600,000  was  necessary  to  put 
the  State  highways  in  good  condition.  In  1909  the  legis- 
lature appropriated  $250,000  and  during  the  same  year 
$154,000  was  collected  in  motor  vehicle  fees.  In  1910  the 
sum  of  $316,000  was  available  from  the  tax  on  motor  ve- 
hicles and  the  total  amount  spent  for  various  permanent 
improvements  was  $504,000,  of  which  amount  $200,000  was 
available  from  the  regular  tax  levy.  In  1911  the  commis- 
sion received  a  direct  State  appropriation  of  $200,000  for 
the  maintenance  of  State  highways  and  it  also  had  available 
$300,000  from  motor  vehicle  fees  for  the  same  purpose. 

A  county,  city,  or  town  desiring  State  aid  is  required  to 
make  application  for  the  same,  whereupon  the  commission 
prepares  a  plan  which  is  filed  with  the  local  authorities. 
One-fourth  of  any  money  expended  by  the  State  for  the 
construction  of  State  roads  must  be  returned  to  the  State 
treasury  with  interest  at  the  rate  of  three  per  cent,  the 
money  thus  returned  being  applied  to  the  regular  appro- 
priation to  be  expended  by  the  commission.  Not  more  than 
fifty  dollars  per  mile  is  assessed  upon  the  town  or  city  where 
a  State  road  is  located,  to  be  applied  for  the  purpose  of 
maintaining  and  repairing  the  same. 


APPENDIX  317 

From  the  standpoint  of  local  administration  the  county 
commissioners  have  general  authority  over  the  highways  of 
the  various  counties.  At  the  same  time  the  selectmen  of  the 
towns  exercise  both  original  and  concurrent  jurisdiction 
with  the  county  commissioners  over  all  highways  located 
therein.  Each  town  may  annually  elect  a  road  commis- 
sioner or  a  surveyor  of  highways,  the  latter  having  ex- 
clusive control  in  the  matter  of  repairs  of  roads  and  bridges 
without  being  subject  to  the  authority  of  the  selectmen. 
Local  funds  for  road  purposes  are  appropriated  at  the 
annual  town  meeting  and  the  counties  are  required  to  assess 
on  the  towns  the  amount  necessary  to  meet  the  State  appro- 
priation. No  statute  labor  tax  exists  in  Massachusetts,  but 
convict  labor  may  be  employed  within  the  various  prisons 
under  certain  conditions  and  limitations. 

MICHIGAN 

The  State  Highway  Commissioner  of  Michigan  is  nom- 
inated and  elected  by  the  people  for  a  term  of  four  years 
and  receives  an  annual  salary  of  $2,500.  The  reader  will 
note  that  this  is  an  exception  to  the  general  rule  which 
provides  for  the  appointment  of  such  officials,  a  method 
which,  it  is  believed,  is  much  better  adapted  to  the  peculiar 
functions  and  responsibility  of  such  a  department.  The 
highway  commissioner  may  appoint  a  civil  engineer  and 
such  other  assistants  as  may  be  necessary.650 

The  State  Highway  Commissioner  possesses  a  large 
measure  of  supervision  and  control  over  the  highways  of 
the  State.  He  may  require  local  officials  to  report  from 
time  to  time  such  facts  as  he  may  deem  necessary,  furnishes 
plans  and  specifications  for  State  aid  roads,  prepares  maps 
showing  the  location  of  highways  and  of  road  materials, 
inspects  road  work,  holds  road  conventions  or  institutes  in 
the  various  counties  which  are  attended  by  county  and 
township  highway  commissioners,  gives  expert  advice,  and 


318       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

sends  engineers  to  the  various  townships  and  counties  when 
the  same  is  justified  by  the  importance  of  the  work. 
Finally,  the  highway  commissioner  may  withhold  State  aid 
if  roads  are  not  kept  in  good  condition. 

A  regular  system  of  State  aid  has  been  established.  A 
county  or  township,  or  both  acting  together,  may  under 
certain  conditions  petition  the  highway  commissioner  for 
the  improvement  of  a  certain  road  or  roads.  The  allotment 
to  any  township  or  county,  however,  is  not  paid  until  the 
work  has  been  inspected  and  found  to  be  up  to  the  standard 
required  by  law.  State  aid  is  paid  on  the  following  basis : 
for  clay  gravel,  $250 ;  for  gravel,  $500 ;  for  stone  gravel  or 
gravel  stone,  $750 ;  and  for  stone  roads,  $1,000  per  mile.  No 
township  is  permitted  to  receive  State  aid  in  any  one  year 
for  the  construction  of  more  than  two  miles  of  road. 

From  the  standpoint  of  local  administration,  jurisdiction 
over  highways  is  vested  partly  in  township  and  partly  in 
county  authorities.  The  so-called  county  road  system  may 
be  adopted  by  a  vote  of  the  people.  Where  this  system, 
which  represents  a  larger  measure  of  administrative  cen- 
tralization, is  adopted  not  more  than  three  county  road 
commissioners  are  elected  in  a  county.  These  county  road 
commissioners  are  vested  with  large  powers  over  all  roads 
located  within  their  county,  including  the  right  to  determine 
what  are  county  highways,  to  macadamize,  drain,  or  im- 
prove any  road  under  their  control,  fix  the  amount  of  tax  to 
be  levied  for  road  purposes,  with  certain  restrictions  and 
limitations,  disapprove  the  expenditures  planned  by  the 
board  of  road  supervisors,  and  be  responsible  for  keeping 
the  roads  in  good  condition.  In  other  words,  counties 
adopting  this  centralized  plan  of  road  supervision  would 
seem  to  be  placed  upon  a  very  efficient  basis  from  the  stand- 
point of  obtaining  the  best  practical  results  for  the  amount 
of  money  expended. 

The  law  also  authorizes  two  or  more  organized  townships 


APPENDIX  319 

or  any  one  or  more  townships  and  one  or  more  contiguous 
villages  or  cities  to  form  a  good  roads  district.  Thus, 
Michigan  has  adopted  a  somewhat  complicated  system  of 
supervision  and  control  of  highways,  having  had  in  view, 
however,  the  importance  of  some  system  of  efficient,  central- 
ized administration.651 

A  large  amount  of  revenue,  both  State  and  local,  is  pro- 
vided for  the  building  and  maintaining  of  roads  and  bridges. 
In  the  first  place  the  State  has  made  an  annual  appropria- 
tion of  $250,000,  of  which  amount  $10,000  is  set  aside  for  the 
support  of  the  State  Highway  Department,  the  remainder 
to  constitute  the  State  road  fund.  Counties  which  have 
adopted  the  so-called  county  road  system  may  levy  taxes 
for  highway  purposes  on  the  following  basis :  not  more  than 
three  mills  where  the  assessed  valuation  does  not  exceed 
$20,000,000 ;  two  mills  where  the  assessed  valuation  is  more 
than  $20,000,000,  but  less  than  $50,000,000;  one  mill  where 
the  assessed  valuation  is  more  than  $50,000,000 ;  and  finally, 
where  the  assessed  valuation  is  more  than  $100,000,000,  the 
tax  is  limited  to  fifty  cents  on  each  $1,000  of  assessed  valu- 
ation. 

In  the  civil  townships  two  distinct  taxes  are  levied  for 
road  purposes :  one,  known  as  the  road  repair  tax,  which  is 
limited  to  five  mills  except  under  certain  special  conditions ; 
and  the  other,  known  as  the  highway  improvement  tax, 
which  varies  from  one  to  five  mills  depending  upon  the  as- 
sessed valuation.  Provision  is  also  made  by  law  for  the 
issue  of  both  county  and  township  bonds  for  road  purposes, 
the  issue  by  the  county  not  to  exceed  three  per  cent  and  that 
of  the  township  not  to  exceed  five  per  cent  of  the  assessed 
valuation. 

Statute  labor  has  been  abolished  in  Michigan,  but  under 
certain  conditions  the  board  of  supervisors  of  any  county 
may  require  convicts  to  work  upon  the  public  roads  under 
the  direction  of  the  township  highway  commission,  the  pris- 
oners being  under  the  control  of  the  sheriff. 


320       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

MINNESOTA 

The  State  Highway  Commission  of  Minnesota  is  com- 
posed of  three  members  appointed  by  the  Governor  for  a 
term  of  three  years,  not  more  than  two  members  to  belong 
to  the  same  political  party.  The  commissioners  serve  with- 
out compensation,  but  are  authorized  to  appoint  a  secretary 
who  must  be  a  civil  engineer  and  practical  road  builder, 
and  such  other  assistants  as  from  time  to  time  may  be 
necessary.652 

The  commission  must  inquire  into  the  best  methods  of 
road  construction  in  other  States,  hold  public  meetings 
throughout  the  State  for  the  purpose  of  discussing  the  good 
roads  question,  ascertain  the  location  of  road  materials, 
report  annually  to  the  Governor  the  number  of  miles  of 
State  road  constructed  during  the  year,  distribute  the  State 
aid  fund  among  the  counties,  prepare  rules  and  regulations 
for  the  construction  and  improvement  of  State  roads,  and  in 
fact  exercise  general  supervision  and  control  of  the  public 
highways  of  the  State.  The  State  Engineer,  when  it  is 
practicable,  is  required  to  make  all  necessary  surveys  and 
prepare  plans  and  specifications  for  State  roads.  In  cases 
where  plans,  specifications,  and  surveys  are  not  made  by  the 
State  Engineer,  the  same  must  be  reported  to  him.  In  fact, 
much  of  the  authority  in  such  cases  is  vested  in  the  county 
board,  subject  to  the  general  supervision  of  the  State  High- 
way Commission. 

Minnesota  has  provided  very  liberally  for  the  various 
road  and  bridge  funds.  A  tax  of  one-fourth  of  a  mill  on 
each  dollar  of  assessed  valuation  is  set  aside  as  a  State  aid 
fund.  No  county  may  receive  less  than  one-half  per  cent  or 
more  than  three  per  cent  of  this  fund.  In  addition  to  this 
amount  the  sum  of  $300,000  is  annually  appropriated  to  aid 
in  the  construction  of  bridges,  not  more  than  one-third  of  the 
cost  of  building  any  bridge  to  be  paid  out  of  the  State  aid 
fund.  The  last  General  Assembly  made  an  annual  appro- 


APPENDIX  321 

priation  of  $150,000  for  State  aid  and  the  expenses  of  the 
commission.  The  county  board  makes  an  annual  levy  of  not 
more  than  one  mill  on  the  taxable  valuation  for  general  road 
and  bridge  purposes,  and  the  township  authorities  may  also 
levy  a  tax  of  not  more  than  one  mill  on  the  dollar  of  as- 
sessed valuation,  which  tax,  however,  may  be  paid  in  labor. 
Finally,  both  townships  and  counties  may  issue  bonds  under 
certain  conditions  and  restrictions. 

In  1907  a  law  was  enacted  providing  for  a  more  central- 
ized system  of  road  administration.  A  county  superintend- 
ent of  roads  and  a  township  inspector  were  given  general 
supervision  and  control  of  highways  in  counties  having  less 
than  200,000  inhabitants.653  This  law,  however,  which  no 
doubt  would  have  been  a  great  step  in  advance,  was  declared 
unconstitutional  by  the  Supreme  Court  on  the  ground  that 
the  classification  adopted  was  purely  arbitrary. 

From  the  standpoint  of  local  administration,  therefore, 
the  present  system  in  Minnesota  provides  simply  for 
ordinary  township  overseers  except  in  townships  that  have 
voted  to  pay  all  road  taxes  in  cash.  In  such  cases  a  town- 
ship highway  inspector  is  appointed  who  must  be  a  com- 
petent road  builder,  but  the  cash  system  now  prevails  in  not 
more  than  one-fourth  of  the  townships  of  the  State. 

MISSISSIPPI 

The  State  of  Mississippi  has  not  provided  for  a  highway 
commission  and,  in  common  with  the  majority  of  the  south- 
ern States,  has  not  made  very  great  progress  in  the  good 
roads  movement.  Each  county  is  divided  into  five  districts 
for  the  election  of  members  of  the  county  board  of  super- 
visors. The  supervisor  of  each  district  is  given  general 
supervision  over  the  public  highways  and  the  board  of 
supervisors  is  authorized  to  divide  the  county  into  what  is 
termed  road  links  and  appoint  one  overseer  to  have  general 
charge  of  the  road  work.654  The  board  of  county  super- 

21 


322       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

visors,  however,  may  employ  a  competent  person  to  serve 
as  a  county  road  and  bridge  commissioner  thus  providing 
for  a  somewhat  more  definite  system  of  responsible  admin- 
istration. The  board  may  also  wort  the  public  roads  by 
contract. 

Eevenues  for  the  road  and  bridge  fund  are  provided  for : 
first,  by  what  is  called  a  commutation  tax;  second,  by  a 
property  tax  of  not  more  than  three  mills  on  all  taxable 
property  within  that  part  of  the  county  subject  to  the  con- 
tract system ;  third,  by  an  additional  tax  of  not  more  than 
one  mill  on  all  taxable  property  levied  under  certain  special 
conditions ;  and  fourth,  by  bonds  which  may  be  issued  to  an 
amount  not  to  exceed  five  per  cent  of  the  assessed  property 
valuation  of  the  county.655  The  county  supervisor  may 
order  a  road  to  be  macadamized,  provided  that  one-third  of 
the  cost  shall  be  paid  by  the  owners  of  the  lands  benefited. 
All  male  citizens  not  exempt  by  law  are  required  to  work  on 
the  public  highways  not  more  than  ten  days  or  pay  in  lieu 
thereof  the  sum  of  five  dollars.  Finally,  convict  labor  is 
also  provided  for  by  the  statutes  of  Mississippi. 

MISSOUEI 

Missouri  belongs  to  the  small  group  of  States  which  give 
the  county  court  jurisdiction  over  the  public  highways  in 
counties  not  under  township  organization.  The  court  may 
divide  the  county  into  road  districts,  appointing  a  road 
overseer  for  each  district,  but  is  required  to  appoint  a 
county  highway  commissioner  to  inspect  aiid  supervise  all 
the  roads  of  the  county.  In  counties  under  township  organ- 
ization the  county  engineer  has  supervision  over  all  the 
public  roads  and  over  the  road  overseers  of  the  civil  town- 
ships.656 

Eevenue  for  the  support  of  the  road  and  bridge  funds  is 
derived  from  the  following  sources :  first,  all  money  accru- 
ing to  the  State  from  any  levy  for  road  purposes  constitutes 


APPENDIX  323 

the  State  road  fund  and  must  be  used  for  the  construction 
of  permanent  highways ;  second,  the  county  courts  may  levy 
a  tax  of  not  more  than  two  mills  on  the  dollar  of  assessed 
valuation;  third,  a  special  tax  of  not  more  than  two  and 
one-half  mills  may  be  levied  in  counties  not  under  township 
organization  for  road  and  bridge  purposes;  fourth,  town- 
ship boards  may  also  levy  a  tax  of  not  more  than  two  and 
one-half  mills  on  the  assessed  valuation;  and  fifth,  bonds 
may  be  issued  by  the  county  court  after  being  authorized  by 
a  two-thirds  vote  of  the  people  at  a  special  election,  pro- 
vided that  the  total  debt  of  the  county  does  not  exceed  five 
per  cent  of  the  assessed  valuation  of  all  property  in  the 
county.657  Special  road  districts,  however,  may  be  formed 
and  authorized  to  issue  bonds.  Finally,  the  county  court 
in  all  counties  not  under  township  organization  may  levy  a 
poll  tax  of  not  less  than  three  dollars  nor  more  than  six 
dollars  which  may  be  worked  out  or  paid  in  cash. 

In  the  construction  of  permanent  roads  Missouri  pos- 
sesses a  very  unique  system  of  tax  distribution.  The  State 
pays  one-half,  the  citizens  benefited  pay  one-fourth,  and  the 
county  or  other  local  district  pays  the  remainder.  The  ap- 
portionment of  the  State  fund  is  based  on  the  assessed  valu- 
ation, but  no  county  may  receive  more  than  three  per  cent 
of  this  fund  in  any  one  year. 

MONTANA 

Montana,  in  common  with  practically  all  of  the  States 
west  of  the  Missouri  River,  has  the  commissioner  system  of 
county  government.  The  county  boards  have  general  super- 
vision over  the  highways,  divide  their  counties  into  suitable 
road  districts,  and  appoint  supervisors  for  the  same.658 
The  county  commissioners  may  let  by  contract  the  con- 
struction and  improvement  of  highways  and  bridges  when 
the  amount  of  work  required  costs  more  than  two  hundred 
dollars. 


324       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

The  revenue  for  the  improvement  of  highways  and  the 
construction  and  repair  of  bridges  is  provided  for  by  a  tax 
of  not  less  than  one  nor  more  than  three  mills  on  all  taxable 
property  and  by  a  special  road  tax  of  two  dollars  which 
may  be  paid  by  one  day's  labor  on  the  roads.  Finally,  the 
board  of  county  commissioners  is  authorized  to  issue  bonds 
for  the  construction  of  bridges  and  highways. 

NEBRASKA 

The  county  boards  of  commissioners  have  jurisdiction 
over  the  public  roads  where  the  township  organization  does 
not  exist,  and  are  required  to  divide  their  respective  coun- 
ties into  convenient  road  districts,  one  road  overseer  being 
elected  for  each  district.659  In  counties  under  township 
organization,  however,  jurisdiction  over  township  roads  is 
vested  in  the  township  board.  The  county  board  may  ap- 
point a  county  highway  commissioner,  who  must  be  an 
experienced  road  builder,  and  who  is  given  general  super- 
vision of  district  road  overseers,  and  is  further  required  to 
have  all  main  traveled  roads  dragged  regularly  at  a  cost  of 
not  more  than  one  dollar  per  mile  for  each  dragging.660 

From  the  standpoint  of  the  distribution  of  road  funds  the 
laws  of  Nebraska  are  very  instructive.  The  county  levy,  so 
called,  includes  a  tax  of  not  more  than  five  mills  for  road 
purposes  and  four  mills  for  bridge  purposes,  a  special  tax  of 
not  more  than  five  mills  to  pay  outstanding  road  warrants, 
and  on  the  petition  of  interested  parties  a  road  improve- 
ment levy  may  also  be  made.  One-half  of  all  money  col- 
lected constitutes  the  county  road  fund  and  is  divided 
equally  among  the  commissioner  districts.  The  other  one- 
half  makes  up  what  is  called  a  district  road  fund  and  must 
be  expended  in  the  road  district  where  it  was  collected. 

The  civil  townships  are  also  authorized  to  levy  a  tax  of 
not  more  than  ten  mills  on  the  dollar  for  roads  and  two  mills 
on  the  dollar  for  bridges.  Every  male  inhabitant,  unless 


APPENDIX  325 

exempt  by  law,  is  required  to  pay  a  poll  tax  of  two  dollars 
and  fifty  cents  which,  together  with  all  other  road  taxes, 
must  be  paid  in  cash.  Finally,  bonds  may  be  issued  by  any 
county,  township,  precinct,  city,  or  village  for  constructing 
a  State  boundary  road  after  the  same  has  been  approved  by 
three-fifths  of  the  voters  at  a  special  election ;  and  State  aid 
is  also  given  for  constructing  roads  under  certain  con- 
ditions. 

NEVADA 

Jurisdiction  over  highways  in  the  State  of  Nevada  is 
vested  in  local  road  inspectors  or  supervisors,  the  board  of 
county  commissioners,  and  a  State  Engineer.661  The  county 
board  is  required  to  district  the  county  and  may  appoint  one 
road  inspector  for  each  district.  In  any  county  polling 
three  thousand  votes  or  more  at  the  last  general  election, 
however,  the  board  of  county  commissioners  shall  divide  the 
county  into  road  districts  and  appoint  one  road  supervisor 
in  each  district  to  serve  during  the  pleasure  of  the  board. 

Revenue  for  the  support  of  roads  and  bridges  is  secured 
through  taxes  levied  by  the  board  of  county  commissioners, 
a  tax  of  not  more  than  two  and  one-half  mills  being  levied 
for  highway  purposes ;  but  upon  the  petition  of  a  majority 
of  the  property  holders  of  any  district  an  additional  levy  of 
three  mills  may  be  made,  which  tax  may  either  be  paid  in 
cash  or  worked  out  on  the  highways.  Finally,  a  poll  tax  of 
three  dollars  is  also  levied  for  the  use  of  the  State  and 
county,  and  a  system  of  convict  labor  is  provided. 

NEW  HAMPSHIRE 

The  Governor  and  Council  constitute  the  State  Highway 
Commission  of  New  Hampshire.662  The  commission  is 
authorized  to  appoint  a  State  Engineer,  fix  his  salary,  and 
must  make  a  biennial  report  to  the  legislature  embodying 
a  statement  of  expenditures.  The  Governor  and  Council, 


326       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

acting  as  a  highway  commission,  are  also  required  to  fur- 
nish the  services  of  any  engineer  in  the  employ  of  the  State 
for  consultation  and  advice,  must  provide  plans  and  specifi- 
cations for  any  work  paid  for  partly  out  of  State  funds,  and 
make  rules  and  regulations  governing  the  question  of  State 
aid.  The  law  requiring  all  State  aid  work  to  be  done  ac- 
cording to  specifications  furnished  by  the  highway  com- 
mission was  enacted  in  1907.663 

Each  town  desiring  State  aid  must  make  application  for 
the  same  through  the  board  of  county  commissioners  and  set 
apart  a  certain  amount  for  the  improvement  of  its  main 
highways  under  the  advice  and  direction  of  the  State  En- 
gineer. The  amount 'that  must  be  set  apart  varies  from 
twenty-five  cents  to  one  dollar  for  every  $1,000  of  valuation, 
depending  upon  the  total  assessed  valuation  of  the  town; 
and  the  amount  in  turn  appropriated  by  the  State  varies 
from  twenty  cents  to  three  dollars  for  each  dollar  set  apart 
by  the  locality,  also  depending  upon  the  assessed  valuation 
of  the  town.  The  amount  thus  apportioned  by  the  State  and 
the  localities  for  the  building  of  permanent  roads  is  known 
as  the  joint  fund.  No  part  of  this  fund  may  be  expended 
within  the  " compact  portion"  of  a  city  or  village  of  more 
than  2500  population,  and  it  is  further  stipulated  that  all 
highways  improved  by  the  joint  fund  must  be  kept  in  good 
repair  at  local  expense  in  a  manner  satisfactory  to  the  State 
Highway  Commission. 

From  the  standpoint  of  local  supervision,  jurisdiction 
over  highways  is  vested  in  the  commissioners  of  the  counties 
and  in  the  selectmen  of  the  towns.  In  common  with  the 
other  New  England  States,  the  township  is  a  very  important 
unit  of  local  government  in  New  Hampshire.  Ee venue  is 
obtained  from  both  State  and  local  taxes  and  by  the  issuance 
of  bonds.  The  State  annually  appropriates  $125,000  as  a 
permanent  highway  fund,  and  bonds  have  also  been  issued 
to  the  amount  of  $1,000,000.  Furthermore,  each  town  at  its 


APPENDIX  327 

annual  meeting  raises  and  appropriates  a  sum  not  less  than 
one-fourth  of  one  per  cent  of  the  valuation  of  all  polls  and 
rateable  estate  on  which  taxes  are  paid.  Each  town,  how- 
ever, may  raise  as  much  more  as  is  necessary,  but  not  to 
exceed  fifty  dollars  per  mile,  for  the  repair  of  roads  and 
bridges.  Finally,  the  law  provides  that  sixty-five  per  cent 
of  the  fees  and  fines  collected  from  the  motor  vehicle  law 
shall  be  used  for  the  maintenance  of  trunk  line  roads  and 
thirty-five  per  cent  for  the  maintenance  of  roads  which  are 
not  trunk  lines. 

NEW  JEESEY 

A  commissioner  of  public  roads  is  appointed  by  the  Gov- 
ernor, with  the  consent  of  the  Senate,  for  a  term  of  three 
years  and  receives  an  annual  salary  of  $5,000.  An  addi- 
tional allowance  for  clerk  hire  and  the  employment  of  super- 
visors and  engineers  is  made.  The  commissioner  of 
highways  collects  data  regarding  the  improvement  and 
construction  of  roads,  makes  an  annual  report  to  the  legis- 
lature, awards  contracts  for  the  improvement  of  roads 
constructed  partly  out  of  State  aid,  must  approve  all  plans 
and  specifications,  and  may  reject  either  the  contract  itself 
or  the  plans  and  specifications  if  he  believes  that  the  best 
interests  of  the  county  require  it.  In  other  words,  plans 
and  specifications  for  so-called  county  roads  are  prepared 
by  the  board  of  freeholders  of  the  county,  but  must  be  ap- 
proved by  the  State  Highway  Commissioner.664 

The  method  of  distributing  road  taxes  in  New  Jersey  is 
also  worthy  of  careful  study.  One-third  of  the  cost  of 
building  county  roads  is  paid  by  the  State,  fifty-six  and  two- 
thirds  per  cent  by  the  county,  and  ten  per  cent  by  the  town- 
ship. New  Jersey  was  the  first  State  in  the  Union  to  begin 
the  policy  of  State  aid,  establishing  that  policy  in  1891,  and 
since  that  time  the  sum  of  $3,301,595.10  has  been  paid  out  of 
the  State  treasury  for  this  purpose.  The  effect  of  the  State 


328       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

aid  policy  and  the  more  centralized  plan  of  road  adminis- 
tration has  been  very  marked.  Out  of  a  total  of  14,842 
miles  of  public  highway,  3377  miles  have  been  improved. 
About  1562  miles  were  improved  under  the  State  aid  law 
down  to  December  31,  1910. 

From  the  standpoint  of  local  supervision,  the  county 
board  of  chosen  freeholders  has  jurisdiction  over  county 
roads  and  the  township  committee  of  each  township  has 
jurisdiction  over  the  township  roads.  The  boards  of  chosen 
freeholders  of  the  various  counties  are  authorized  to  con- 
struct and  repair  certain  county  roads  and  pay  for  the  same 
by  levying  a  special  tax,  securing  temporary  loans,  or  by 
issuing  bonds  to  be  met  by  a  special  tax  levy.  Such  bonds, 
however,  must  not  run  more  than  thirty  years  and  bear  not 
to  exceed  five  per  cent  interest.  All  road  taxes  are  required 
to  be  paid  in  cash. 

At  the  present  time  the  General  Assembly  annually 
appropriates  about  $400,000  for  what  is  known  as  new 
construction  work.  Up  to  October  31,  1911,  the  amount 
received  from  the  motor  vehicle  tax  and  distributed  for  road 
repair  work  was  about  $200,000.  Indeed,  the  annual  ex- 
penditure for  the  construction  and  repair  of  roads  by  both 
State  and  counties  now  exceeds  $200,000,  exclusive  of  the 
large  amount  expended  by  townships,  boroughs,  and  cities. 

NEW  MEXICO 

The  State  Highway  Commission  of  New  Mexico  is  com- 
posed of  three  members :  the  Governor,  the  Commissioner 
of  Public  Lands,  and  the  State  Engineer,  all  of  whom  serve 
without  compensation.665  The  commission  has  general 
supervision  of  all  highways  and  bridges  in  the  State  con- 
structed or  maintained  either  in  whole  or  in  part  out  of  the 
State  aid  fund.  The  State  Engineer  also  has  supervision  of 
all  county  bridges  built  by  contract,  the  cost  of  which  is 
more  than  $1,000. 


APPENDIX  329 

In  the  various  counties  the  highways  are  placed  under  the 
jurisdiction  of  the  county  commissioners  who  are  required 
to  divide  their  counties  into  road  districts  and  appoint  a 
road  overseer  for  each  district.666  In  1907  the  road  law 
was  so  amended  as  to  prevent  any  county  from  having  more 
than  three  road  districts. 

The  State  road  fund  is  obtained  by  levying  an  annual  tax 
of  not  more  than  one  mill  on  each  dollar  of  taxable  property 
in  the  State.  The  boards  of  county  commissioners  are 
authorized  to  levy  a  tax  for  road  purposes  of  not  more  than 
three  mills  on  the  dollar.  All  able-bodied  men  not  exempt 
are  required  to  pay  a  road  poll  tax  of  three  dollars,  or  in 
lieu  thereof  work  three  days  on  the  public  highways. 
Finally,  convict  labor  is  provided  for  under  certain  restric- 
tions and  limitations. 

NEW  YOEK 

The  Department  of  Highways  is  composed  of  three  com- 
missioners appointed  by  the  Governor  with  the  consent  of 
the  Senate  for  a  term  of  six  years  at  salaries  ranging  from 
five  to  six  thousand  dollars.  At  least  one  commissioner 
must  belong  to  the  minority  party  and  one  is  required  to  be 
a  civil  engineer  and  an  experienced  road  builder.667 

The  State  Highway  Commission  of  New  York  is  clothed 
with  very  large  power  and  authority,  which  fact  is  primarily 
responsible  for  the  great  progress  of  the  good  roads  move- 
ment in  that  State  during  the  last  few  years.  The  com- 
mission has  supervision  over  all  highways  and  bridges 
improved  either  in  whole  or  in  part  out  of  State  funds  j 
prescribes  rules  relating  to  the  duties  of  division  engineers, 
district,  county  or  town  superintendents  of  highways ;  aids 
local  road  officers  in  establishing  grades  and  drainage  sys- 
tems ;  prepares  plans  and  specifications  for  both  roads  and 
bridges  when  requested  to  do  so  by  local  authorities;  in- 
vestigates methods  of  road  construction;  and  holds  annual 


330       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

meetings  in  each  county  or  district  throughout  the  State  in 
order  to  furnish  information  regarding  the  best  methods  of 
highway  construction  and  the  proper  interpretation  of  the 
highway  law.  Finally,  it  is  made  the  duty  of  the  State 
Highway  Commission  to  divide  the  State  into  not  more  than 
six  divisions,  assigning  to  each  a  division  engineer  who 
must  also  be  an  experienced  road  builder. 

New  York  has  established  a  very  liberal  State  aid  policy. 
Eecently  $50,000,000  in  bonds  was  issued  for  that  purpose. 
Application  for  State  aid  must  be  made  through  the  county 
board  of  supervisors.  If  the  consent  of  the  highway  com- 
mission is  obtained,  plans  and  specifications  are  prepared 
by  the  division  engineer  and  submitted  to  the  proper  district 
or  county  superintendent  of  roads  for  examination.  The 
board  of  supervisors  may  make  changes  in  the  plans  with 
the  consent  of  the  highway  commission. 

The  amount  of  State  aid  granted  to  the  several  townships 
varies  from  fifty  to  one  hundred  per  cent  of  the  amount  of 
taxes  raised  in  said  township,  depending  upon  the  assessed 
valuation.  The  cost  of  building  State  roads  is  borne  en- 
tirely by  the  State;  while  fifteen  per  cent  of  the  cost  of 
building  county  roads  is  borne  by  the  town,  thirty-five  per 
cent  by  the  county,  and  fifty  per  cent  by  the  State.  In  other 
words,  the  State  pays  all  the  cost  of  constructing  State 
roads,  fifty  per  cent  of  the  cost  of  constructing  county  roads, 
and  distributes  aid  among  the  civil  townships  on  the  liberal 
basis  outlined  above. 

The  boards  of  supervisors  of  the  respective  counties  have 
general  jurisdiction  over  the  roads  of  their  counties,  while 
the  commissioners  of  highways  of  the  civil  towns  have  the 
care  and  supervision  of  all  highways  and  bridges  located 
therein.  Towns  that  have  adopted  the  so-called  money 
system  raise  a  tax  for  road  purposes  equivalent  to  at  least 
one-half  of  the  value  at  the  commutation  rates  of  the  high- 
way labor  which  would  be  assessed  under  the  labor  system. 


APPENDIX  331 

In  addition  every  able-bodied  male  not  exempt  by  law  is 
required  to  pay  an  annual  road  poll  tax  of  one  dollar.  In 
towns  retaining  the  labor  system  the  number  of  days  as- 
sessed annually  must  not  be  less  than  three  times  the  num- 
ber of  taxable  inhabitants  in  the  town.  It  is  therefore 
apparent  that  from  a  financial  standpoint  both  the  township 
and  the  county  are  important  units  of  road  administra- 
tion,668 having  the  power  to  levy  taxes  and  borrow  money 
for  road  purposes. 

In  conclusion  it  should  be  noted  that  all  property  road 
taxes  must  be  paid  in  cash,  that  convict  labor  may  be  em- 
ployed to  a  very  limited  extent,  and  that  the  county  super- 
intendent of  roads  may  be  removed  from  office  by  the 
highway  commission,  which  from  the  standpoint  of  respon- 
sible administration  is  an  important  power  to  be  vested  in 
the  State.  The  fiscal  authority  of  the  town  board  is  ap- 
parent from  the  following  list  of  taxes  which  it  is  authorized 
to  levy :  first,  the  amount  levied  and  collected  for  the  repair 
and  improvement  of  highways  must  equal  thirty  dollars  per 
mile  outside  the  limits  of  incorporated  villages ;  second,  not 
more  than  fifteen  hundred  dollars  may  be  levied  in  any  one 
year  for  the  repair  and  construction  of  a  bridge  unless 
authorized  by  the  town  meeting ;  third,  the  purchase  of  more 
than  five  hundred  dollars  worth  of  road  machinery  must 
also  be  authorized  in  the  same  manner;  and  fourth,  the 
town  meeting  must  give  its  consent  to  the  expenditure  of 
more  than  fifteen  hundred  dollars  for  the  repair  or  re- 
building of  any  highway  or  bridge  which  has  been  damaged 
or  destroyed.  Other  important  powers  both  of  the  township 
and  county  might  be  mentioned. 

NORTH  CAROLINA 

The  North  Carolina  Geological  Board  through  the  State 
Geologist  may  make  investigations  and  experiments  con- 
cerning the  best  methods  of  road  construction  and  the  best 


332       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

kind  of  road  materials,  and  disseminate  this  information 
by  means  of  bulletins,  reports,  or  lectures,  thus  acting  to  a 
certain  extent  as  a  State  highway  commission.  The  sum  of 
$5,000  is  annually  appropriated  for  carrying  out  the  pro- 
visions of  this  particular  act.  Indeed,  the  system  of  State 
supervision  in  North  Carolina  is  quite  similar  to  that  which 
now  prevails  in  Iowa. 

The  State  of  North  Carolina  has  a  dual  system  of  town- 
ship and  county  supervision  and  control  of  highways,  which 
varies  more  or  less  in  the  different  counties  throughout  the 
State.669  Jurisdiction  over  highways  is  vested  partly  in  the 
justices  of  the  peace  in  each  township,  who  have  control  of 
the  public  roads  and  are  known  as  the  township  board  of 
supervisors  of  public  roads;  and  partly  in  the  board  of 
county  commissioners.  The  township  board  of  supervisors, 
thus  constituted,  is  required  to  divide  the  township  into 
road  districts  and  appoint  road  overseers  for  the  same.  It 
should  be  noted,  however,  that  the  jurisdiction  of  township 
authorities  within  the  respective  townships  is  subject  to  the 
direction  of  the  board  of  county  commissioners. 

From  the  standpoint  of  revenue  for  the  support  of  roads 
and  bridges,  the  county  is  the  important  unit  of  local  gov- 
ernment, the  county  commissioners  having  authority  to  levy 
a  tax  of  not  more  than  double  the  amount  of  the  State  tax. 
All  male  citizens  not  exempt  by  law  are  required  to  work  on 
the  public  highways  not  more  than  six  days  each  year,  ex- 
cept in  the  counties  west  of  the  Blue  Ridge  Mountains, 
where  ten  days  work  may  be  required.  Finally,  the  county 
commissioners  may  employ  convict  labor  according  to  the 
rules  and  regulations  prescribed  by  law. 

NORTH  DAKOTA 

In  1909  a  Good  Eoads  Experiment  Station  was  estab- 
lished at  Bismarck  for  the  purpose  of  investigating  the  most 
practical,  economical  method  for  the  construction  and  main- 


APPENDIX  333 

tenance  of  the  public  roads  of  the  State.670  The  State  En- 
gineer is  required  to  furnish  plans  and  specifications,  and 
also  to  supervise  the  construction  and  maintenance  of  roads 
constructed  under  the  provisions  of  this  act.  It  should  also 
be  noted  that  in  1911  a  concurrent  resolution  was  adopted 
providing  for  an  amendment  to  the  Constitution  of  the 
State,  which  if  ratified  will  enable  the  State  to  grant  aid  for 
the  construction  of  highways. 

The  supervision  and  control  of  highways  in  North  Dakota 
depends  upon  the  character  of  local  government  prevailing 
in  the  different  counties.  In  counties  not  under  township 
organization  the  board  of  county  commissioners  is  required 
to  divide  the  county  into  road  districts  and  appoint  a  road 
supervisor  for  each  district.  In  counties  under  township 
organization  the  township  supervisors  are  required  to 
divide  the  townships  into  suitable  road  districts,  an  over- 
seer being  elected  for  each  district,  said  overseer  being 
subject  to  the  general  supervision  and  control  of  the  board 
of  county  commissioners.  Finally,  it  should  be  noted  that  a 
recent  statute  gave  the  board  of  county  commissioners 
authority  to  appoint  a  county  superintendent  of  highways 
and  deputy  road  superintendents  to  take  the  place  of  the 
local  road  overseers,  a  law  quite  similar  to  that  enacted  by 
the  General  Assembly  of  Iowa  in  1911.671 

The  county  levy  is  limited  to  five  mills  for  the  support  of 
roads  and  two  mills  for  the  construction  and  repair  of 
bridges ;  while  the  township  road  tax  may  not  exceed  eight 
mills  and  the  bridge  tax  not  more  than  two  mills  on  each 
dollar  of  assessed  valuation.  Every  male  inhabitant  not 
exempt  by  law  is  required  to  pay  a  road  poll  tax  of  one  dol- 
lar and  fifty  cents  which  may  be  paid  by  one  day's  labor  on 
the  roads;  and  in  1911  a  license  fee  of  three  dollars  was 
levied  on  owners  of  motor  vehicles,  the  revenue  thus  de- 
rived to  be  placed  in  the  county  road  fund. 


334       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

OHIO 

The  State  Highway  Commissioner  is  appointed  by  the 
Governor  for  a  term  of  four  years  at  an  annual  salary  of 
$2,500.  The  highway  commission  is  required  to  cooperate 
in  the  building  of  roads  in  those  counties  which  comply  with 
the  provisions  of  the  act.  The  State  Highway  Commis- 
sioner approves  all  applications,  prepares  plans  and  speci- 
fications, submits  estimates  of  the  cost  of  work,  advertises 
for  bids,  and  apportions  the  cost  among  the  State,  county, 
township,  and  abutting  property.672 

Ohio  gives  a  substantial  amount  of  State  aid  for  highway 
purposes.  Application  for  the  same  may  be  made  by  the 
boards  of  county  commissioners  or  by  abutting  property 
owners.  The  State  aid  fund  consists  of  an  annual  appro- 
priation of  $158,000,  which  must  be  equitably  distributed 
among  the  counties,  the  State  paying  fifty  per  cent  of  the 
cost  of  State  aid  roads,  the  county  twenty-five  per  cent,  the 
township  fifteen  per  cent,  and  the  owners  of  abutting  prop- 
erty ten  per  cent.  The  township  trustees  are  authorized  to 
apportion  the  amount  to  be  paid  by  the  owners  of  abutting 
property  on  the  basis  of  benefits  received.  All  State  aid 
roads  must  be  kept  in  good  condition  by  the  county  com- 
missioners, but  in  case  of  failure  to  do  so  the  State  Highway 
Commissioner  may  do  the  work  and  take  the  cost  from  any 
fund  apportioned  to  said  county. 

Local  jurisdiction  over  roads  is  vested  in  the  board  of 
county  commissioners  for  county  roads  and  in  the  township 
trustees  for  township  roads,  the  county  and  township  road 
supervisors  being  independent  of  each  other.  Good  roads 
districts,  however,  may  be  formed,  the  board  of  county 
commissioners  being  given  authority  in  such  cases  to  ap- 
point road  commissioners,  who  in  turn  may  appoint  an 
engineer  to  do  the  necessary  work.  A  township,  with  the 
approval  of  the  people  at  a  special  election,  may  also  be 
organized  into  a  good  roads  district  with  power  to  appoint 
road  commissioners  to  superintend  the  work. 


APPENDIX  335 

The  revenue  system  of  Ohio,  judged  from  the  standpoint 
of  road  administration,  is  very  complicated.  Money  is  de- 
rived for  roads  and  bridges  from  the  following  sources: 
first,  a  tax  varying  from  one-half  to  five  and  one-half  mills, 
depending  upon  the  assessed  valuation,  levied  by  the  board 
of  county  commissioners;  second,  an  additional  tax  of  not 
more  than  five-tenths  of  a  mill  for  the  creation  of  a  State 
and  county  improvement  fund,  also  levied  by  the  board  of 
county  commissioners ;  third,  county  bonds  which  may  run 
not  more  than  three  years ;  fourth,  township  bonds  to  pay 
for  road  improvements ;  fifth,  so-called  district  bonds  issued 
in  a  good  roads  district,  with  the  approval  of  the  voters,  to 
an  amount  not  exceeding  $100,000;  and  sixth,  a  township 
tax  of  not  more  than  six  mills  on  each  dollar  of  assessed 
valuation  in  the  township.  In  addition  to  this,  all  male 
citizens  not  exempt  by  law  are  required  to  perform  two 
days'  labor  on  the  highways  or  commute  for  the  same  by 
the  payment  of  three  dollars.  All  property  taxes  must  be 
paid  in  cash  and  convicts  may  be  required  to  crush  stone 
and  manufacture  road  materials. 

OKLAHOMA 

The  Constitution  of  Oklahoma  directs  the  legislature  to 
establish  a  Department  of  Public  Highways  and  also  grants 
authority  to  create  improvement  districts  for  the  building 
and  maintaining  of  public  roads.  Such  a  department  has 
been  created,  the  Governor  having  authority  to  appoint, 
with  the  approval  of  the  Senate,  a  State  Highway  Com- 
missioner who  holds  office  for  a  term  of  four  years  and 
receives  an  annual  salary  of  twenty-five  hundred  dollars.673 
The  State  Highway  Commissioner  is  required  to  prepare 
standard  specifications  for  the  construction  and  main- 
tenance of  roads,  also  a  general  highway  plan  for  the  State, 
and  collect  information  as  to  the  mileage,  character,  and 


336       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

condition  of  highways  throughout  the  State.  All  local  road 
officials  are  required  to  furnish  the  commissioner  any  in- 
formation which  he  may  require  concerning  the  cost  of 
building  and  maintaining  highways  in  their  particular  juris- 
dictions. Finally,  a  motor  vehicle  tax  of  one  dollar  an- 
nually is  levied  for  the  support  of  the  State  Highway 
Department. 

The  county  commissioners  have  jurisdiction  over  what 
are  termed  county  roads  and  the  township  board  has  gen- 
eral supervision  over  township  roads.  Township  boards 
acting  as  township  highway  commissioners  divide  their 
townships  into  a  convenient  number  of  road  districts,  ap- 
pointing supervisors  to  take  charge  of  the  work  therein. 
The  county  commissioners  may  appoint  a  county  engineer 
who  shall  be  the  same  person  as  the  county  surveyor  if  the 
latter  possesses  a  practical  knowledge  of  civil  engineering. 

In  1905  an  act  was  passed  whereby  on  petition  of  not  less 
than  one  hundred  freeholders  the  board  of  county  commis- 
sioners of  any  county  is  required  to  submit  to  a  vote  of  the 
people  the  question  of  adopting  a  system  of  county  super- 
visors of  highways.  In  counties  adopting  this  system  the 
office  of  county  surveyor  is  abolished  and  that  of  county 
engineer  created  in  lieu  thereof.  Road  improvement  dis- 
tricts of  not  less  than  eighteen  square  miles  may  be  created 
in  any  county  upon  a  written  petition  signed  by  fifteen  per 
cent  of  the  qualified  electors  of  a  proposed  district,  seventy- 
five  per  cent  of  the  cost  of  road  improvement  to  be  paid  by 
the  district  and  twenty-five  per  cent  by  the  county. 

Eevenue  for  roads  and  bridges  is  obtained  from  township 
and  county  levies,  also  by  the  issue  of  county  and  township 
bonds.  The  township  board  may  levy  a  township  road  and 
bridge  tax  of  not  more  than  five  mills  on  the  dollar.  County 
bonds  for  highway  purposes  may  be  issued  not  in  excess  of 
two  per  cent  of  the  assessed  valuation  of  the  county  if  the 
same  has  been  approved  by  a  three-fifths  vote  of  the  people. 


APPENDIX  337 

Under  the  same  conditions  the  township  may  issue  bonds 
not  to  exceed  three  per  cent  of  the  assessed  valuation. 
Every  male  citizen  not  exempt  by  law  is  required  to  work 
four  days  on  the  public  roads  or  commute  for  the  same  by 
the  payment  of  five  dollars  in  money.  The  law  also  author- 
izes the  working  of  convicts  on  the  highways.674 

OEEGON 

The  public  roads  of  Oregon  are  under  the  general  super- 
vision of  the  county  courts,  as  is  also  the  case  in  Kentucky 
and  Missouri.  The  court  is  required  to  divide  the  county 
into  road  districts,  appointing  a  road  supervisor  for  each 
district,  and  may  appoint  a  county  road  master  or  masters 
who  must  devote  their  whole  time  to  the  work,  which  is  done 
either  by  contract  or  by  hired  labor. 

Revenue  is  obtained  for  road  and  bridge  purposes  by  a 
levy  of  not  more  than  ten  mills  in  any  road  district  if  the 
same  has  been  approved  at  a  meeting  of  .at  least  ten  per 
cent  of  the  taxpayers  of  the  district  making  the  levy.675 
Fifty  per  cent  of  the  money  levied  by  the  county  is  appor- 
tioned among  the  several  road  districts,  and  the  tax  must 
be  paid  in  cash.  A  poll  tax  of  three  dollars  must  also  be 
paid  in  money  by  every  male  citizen  not  exempt  by  law. 
Finally,  a  system  of  convict  labor  is  provided  and  in  1911 
the  Legislative  Assembly  passed  a  law  fixing  a  graduated 
license  fee  on  motor  vehicles,  the  proceeds  of  which  are  to  be 
paid  into  the  State  treasury  and  known  as  "The  Motor 
Vehicle  Fund."676 

PENNSYLVANIA 

The  State  Highway  Commissioner  is  appointed  by  the 
Governor  with  the  consent  of  the  Senate  for  a  term  of  four 
years.  He  must  be  an  experienced  road  builder,  receives  an 
annual  salary  of  $8,000,  and  is  required  to  furnish  a  bond  in 
the  sum  of  $50,000,  to  be  approved  by  the  Governor,  for  the 

22 


338       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

faithful  performance  of  his  duties.  The  Governor  also  is 
required  to  appoint  two  Deputy  State  Highway  Commis- 
sioners, each  at  a  salary  of  $6,000  per  annum,  an  expert 
accountant  at  a  salary  of  $3,000  per  annum,  and  a  chief 
engineer  at  a  salary  of  $7,000  per  annum.  The  State  High- 
way Commissioner  in  turn  shall  appoint  one  assistant  to 
the  chief  engineer  at  a  salary  of  $3,600  per  annum,  fifty 
superintendents  of  highways,  and  fifteen  additional  civil 
engineers  at  liberal  salaries.677 

The  State  Highway  Commissioner  prepares  plans  and 
specifications,  makes  necessary  surveys  and  estimates  of 
the  cost  of  work,  apportions  the  State  aid  fund,  determines 
the  standard  of  construction  in  the  various  localities,  and 
may  reject  any  and  all  bids  if  the  prices  are  materially 
higher  than  his  own  estimates.  He  is  also  required  to  com- 
pile highway  statistics,  investigate  road  building,  and  may 
be  consulted  by  the  various  local  highway  authorities. 

On  petition  by  the  supervisor  of  any  township  and  appli- 
cation by  the  board  of  county  commissioners  State  aid  may 
be  obtained  for  the  building  of  permanent  highways.  In 
such  cases,  however,  the  township  is  required  to  levy  a  cash 
road  tax  and  may  issue  bonds  to  pay  its  share  of  the  ex- 
pense. The  sum  of  $6,356,232.47  was  appropriated  to  carry 
out  the  provisions  of  this  act.  The  expense  of  improving 
highways  is  paid  on  the  following  basis:  three-fourths  by 
the  State,  one-eighth  by  the  county,  and  one-eighth  by  the 
township.  It  should  also  be  noted  that  ten  per  cent  of  the 
amount  available  for  State  aid  is  set  apart  for  the  main- 
tenance of  highways  and  distributed  among  the  localities  by 
the  State  Highway  Commissioner  on  a  mileage  basis. 

From  the  standpoint  of  local  supervision  and  control 
Pennsylvania  has  a  somewhat  complicated  system.  Largely 
as  the  result  of  geographical  and  historical  development, 
local  government  is  an  instructive  mixture  of  the  township 
and  county  principles.  The  roads  of  the  county  are  under 


APPENDIX  339 

the  jurisdiction  of  the  county  commissioner.  In  order  to 
improve  roads,  however,  the  consent  of  the  grand  jury  and 
the  court  of  quarter  sessions  is  required.  In  townships 
having  a  population  of  less  than  three  hundred,  three  road 
supervisors  are  elected,  who  serve  for  a  term  of  three  years, 
and  who  divide  their  respective  townships  into  road  dis- 
tricts containing  not  less  than  five  miles  of  road  and  appoint 
a  road  master  for  each  district. 

Eevenue  for  road  and  bridge  purposes  is  obtained  from 
the  following  sources :  first,  a  county  levy  of  not  more  than 
two  mills  on  the  dollar  for  improving  important  county 
roads ;  second,  a  township  levy  of  not  more  than  ten  mills  on 
the  dollar  for  constructing  and  repairing  bridges ;  third,  an 
additional  levy  of  ten  mills  may  be  levied  by  the  court  of 
quarter  sessions  upon  petition  of  the  township  board  of 
supervisors ;  fourth,  by  the  issue  of  road  bonds  under  cer- 
tain conditions  and  limitations ;  and  fifth,  by  the  State  tax 
levy  already  noted.  All  road  taxes  must  be  paid  in  cash, 
although  it  is  provided  that  townships  at  their  annual  meet- 
ing may  by  a  majority  vote  adopt  the  labor  system.  Convict 
labor  may  also  be  employed  when  deemed  expedient. 

EHODE  ISLAND 

A  State  Board  of  Public  Roads  consisting  of  five  qualified 
electors,  one  from  each  county  in  the  State,  is  appointed  by 
the  Governor  for  a  term  of  four  years,  each  receiving  an 
annual  salary  of  $1,000,  but  not  being  required  to  give  their 
full  time  to  the  work.678  This  board,  acting  as  a  highway 
commission,  makes  an  annual  report  to  the  General  Assem- 
bly on  the  subject  of  roads.  No  work,  aside  from  prelim- 
inary surveys,  is  done  until  the  report  of  the  commission  has 
been  approved  by  the  General  Assembly  and  an  appropria- 
tion of  money  made  for  the  purpose  of  the  proposed  road 
improvement.  State  roads  are  constructed  entirely  at  State 
expense,  no  aid  being  given  by  counties  or  minor  divisions. 


340       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

In  1906  a  bond  issue  of  six  hundred  thousand  dollars  was 
authorized  to  provide  for  a  highway  construction  fund,  and 
a  second  bond  issue  of  the  same  amount  was  made  in  1909  to 
complete  the  system  of  State  roads.  The  proceeds  of  a 
graduated  license  fee  on  motor  vehicles  are  used  for  the 
repair  of  State  highways  under  the  supervision  of  the 
State  Board  of  Public  Roads. 

From  the  standpoint  of  local  administration  the  town- 
ship is  the  important  unit  of  local  government.  The  town 
council  is  required  to  divide  the  town  into  not  more  than 
four  districts,  annually  electing  one  surveyor  of  highways 
for  each  district.  Each  town  at  the  regular  town  meeting 
should  annually  raise  and  appropriate  such  sum  as  may  be 
deemed  necessary  for  the  construction  and  maintenance  of 
highways  and  bridges.  All  road  taxes  must  be  paid  in  cash. 

SOUTH  CAEOLINA 

In  the  eight  counties  of  South  Carolina  where  the  town- 
ship system  of  road  supervision  prevails,  the  township 
board,  with  the  approval  of  the  county  commissioners  or  the 
supervisors  of  the  county,  is  required  to  divide  the  township 
into  a  convenient  number  of  road  districts  and  appoint  an 
overseer  for  each  district.  In  all  the  remaining  counties 
jurisdiction  over  the  public  roads  is  vested  in  the  board  of 
county  commissioners  and  the  county  supervisor.  In  coun- 
ties under  this  -system  the  township  constitutes  the  highway 
district  and  the  board  of  county  commissioners,  acting  with 
the  county  supervisor,  is  authorized  to  appoint  an  overseer 
for  each  township.679  In  1909,  however,  certain  counties 
were  authorized  to  adopt  the  contract  system  and  to  employ 
superintendents  and  engineers  and  lay  out  a  plan  of  road 
construction.680 

Revenue  for  road  and  bridge  purposes  is  raised  by  the 
county  or  township,  depending  upon  the  system  of  local 
government  as  above  outlined,  the  regular  levy  being  lira- 


APPENDIX  341 

ited  to  one  mill  on  the  dollar.  The  township  board  may 
make  an  additional  levy  of  not  more  than  two  mills  when 
the  same  has  been  approved  by  a  vote  of  the  people.  All 
male  citizens  not  exempt  by  law  are  required  to  perform  not 
less  than  two  nor  more  than  eight  days  labor  on  the  public 
highways  or  commute  for  the  same  by  the  payment  of  not 
less  than  one  dollar  nor  more  than  three  dollars  per  day. 
Some  counties  require  all  road  taxes  to  be  paid  in  cash. 
Finally,  a  system  of  convict  labor  is  provided  by  the  laws 
of  South  Carolina. 

SOUTH  DAKOTA 

General  jurisdiction  over  highways  is  vested  in  the  board 
of  county  commissioners,  which  divides  the  county  into  a 
suitable  number  of  road  districts  and  appoints  a  road  super- 
visor for  each  district.  In  counties  under  township 
organization,  however,  the  township  authorities  have  super- 
vision over  all  roads  located  therein  and  are  required  to 
divide  each  township  into  road  districts  and  appoint  an 
overseer  for  each  district.  In  other  words,  two  distinct 
systems  of  local  supervision  and  control  of  highways  pre- 
vail in  South  Dakota  much  the  same  as  in  Illinois.681 

Revenue  is  obtained  by  a  county  levy  of  not  more  than 
two  mills,  a  township  levy  of  not  more  than  five  mills,  and 
a  poll  tax  of  one  dollar  and  fifty  cents  which  may  be  paid 
in  money  or  by  one  day's  labor,  unless  the  township  has 
adopted  the  cash  system,  in  which  case  road  work  is  let  by 
contract. 

TENNESSEE 

The  State  Highway  Commission  of  Tennessee  consists  of 
three  members  appointed  by  the  Governor,  one  from  each 
grand  division  of  the  State,  who  serve  for  a  term  of  three 
years  without  compensation.682  It  does  not  appear,  how- 
ever, that  this  commission  has  been  granted  any  substantial 
power  or  authority. 


342       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Jurisdiction  over  public  highways  and  bridges  is  vested 
in  the  county  court,  which  is  required  to  divide  the  county 
into  one  or  more  road  districts  and  elect  a  road  commis- 
sioner for  each  district.  The  county  court  may  also  elect  a 
board  of  three  turnpike  commissioners,  the  chairman  of  the 
court  to  be  ex-officio  chairman  of  the  board,  the  other  two 
members  being  freeholders  of  the  county,  but  not  members 
of  the  court. 

Revenue  for  roads  and  bridges  is  obtained  from  the  fol- 
lowing sources :  first,  a  road  poll  tax  of  not  less  than  four 
nor  more  than  eight  days,  which  may  be  commuted  by  pay- 
ing seventy-five  cents  per  day  in  cash ;  second,  a  levy  of  two 
mills  by  the  county  court  on  all  property  outside  of  in- 
corporated towns  and  cities,  provided  any  person  may  work 
out  two-thirds  of  this  tax  where  his  property  is  situated; 
third,  an  ad  valorem  tax  of  not  less  than  one  nor  more  than 
three  mills  on  all  property  in  the  county  outside  of  incor- 
porated towns  and  cities ;  fourth,  county  bond  issues  author- 
ized by  special  acts  of  the  legislature  and  approved  by  the 
people;  and  fifth,  a  bridge  tax  of  two  mills  on  the  dollar 
levied  by  the  county  court.  The  road  tax  of  incorporated 
towns  and  cities  is  levied  by  the  proper  municipal  author- 
ities. Finally,  convicts  may  be  worked  on  the  public  high- 
ways subject  to  the  direction  of  the  county  court. 

TEXAS 

The  county  commissioners  have  jurisdiction  over  the 
public  highways,  each  commissioner  being  a  road  super- 
visor within  his  own  district.  They  have  power  to  divide 
the  county  into  precincts  and  appoint  an  overseer  to  super- 
vise the  work  in  each  precinct.  The  commissioners'  court, 
however,  may  appoint  one  county  road  superintendent,  who 
shall  have  supervision  over  all  the  public  roads  in  his  county 
and  over  all  county  convicts  working  on  the  roads.683 

The  commissioners  of  each  county  may  levy  a  road  tax 


APPENDIX  343 

of  not  more  than  one  and  one-half  mills  on  the  taxable  valu- 
ation, and  an  additional  road  and  bridge  tax  of  not  more 
than  one  and  one-half  mills  if  agreed  to  by  a  majority  of  the 
taxpayers.  In  1907  an  act  was  passed  authorizing  any 
county  or  political  subdivision  thereof  to  issue  bonds  for 
constructing  and  maintaining  public  roads  with  the  ap- 
proval of  the  people  by  a  two-thirds  vote.  The  bonds  so 
issued  must  not  exceed  twenty-five  per  cent  of  the  assessed 
value  of  real  property,  may  extend  forty  years,  and  bear 
interest  not  to  exceed  five  and  one-half  per  cent,  a  tax  of  not 
more  than  one  and  one-half  mills  being  levied  to  pay  the 
interest  and  principal  of  said  bonds.  All  male  citizens  not 
exempt  by  law  are  required  to  work  on  the  roads  not  more 
than  five  days  in  each  year  or  commute  for  the  same  by  the 
payment  of  one  dollar  for  each  day. 

UTAH 

The  State  Highway  Commission  serves  without  compen- 
sation, being  composed  of  the  Governor,  the  State  Engineer, 
the  State  Treasurer,  one  member  of  the  faculty  of  the  Utah 
Agricultural  College  selected  by  its  Board  of  Trustees,  and 
one  member  of  the  faculty  of  the  University  of  Utah  selected 
by  its  Board  of  Regents.  The  commission  thus  constituted 
is  clothed  with  authority  to  select  the  roads  comprising  the 
system  of  State  highways,  prepare  a  map  of  the  roads  thus 
designated,  furnish  plans  and  specifications  on  the  appli- 
cation of  county  commissioners,  prepare  a  road  manual  for 
the  assistance  of  local  road  officials,  and  in  fact  exercise  a 
substantial  supervision  and  control  over  the  highways  of 
the  State.684 

In  1911  the  legislature  of  Utah  made  an  annual  appro- 
priation of  $60,000  for  a  State  road  fund  to  be  available  for 
the  construction  of  State  roads  in  each  county  of  the  State 
in  equal  proportions.685 

Jurisdiction  over  the  highways  is  vested  in  the  boards  of 


344       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

county  commissioners,  who  divide  their  respective  counties 
into  road  districts,  appointing  biennially  a  road  supervisor 
for  each  district.  The  county  commissioners  may  also 
divide  their  counties  into  special  districts  for  the  purpose  of 
constructing  permanent  roads. 

No  special  limit  is  placed  upon  the  amount  of  taxes  to  be 
levied  for  road  purposes,  the  county  commissioners  being 
authorized  to  appropriate  such  sums  as  they  deem  neces- 
sary. Bonds  may  be  issued  by  the  commissioners  when 
approved  by  a  majority  vote  of  the  people,  and  a  special 
road  tax  may  be  levied  for  the  construction  of  permanent 
highways.  When  a  special  tax,  however,  is  levied  for  this 
purpose  the  taxable  property  is  divided  into  three  equal 
sections,  the  first  section  adjacent  to  the  road  bearing  fifty 
per  cent  of  the  cost,  the  middle  section  thirty  per  cent,  and 
the  section  most  remote  twenty  per  cent.  Finally,  a  road 
poll  tax  of  two  dollars  is  levied  and  must  be  paid  in  cash. 

VEEMONT 

The  State  Highway  Commissioner  is  appointed  by  the 
Governor,  with  the  consent  of  the  Senate,  and  is  clothed 
with  authority  to  direct  the  expenditure  of  all  moneys  ap- 
propriated by  the  State  or  appropriated  to  towns  or  incor- 
porated villages  for  highway  purposes.  The  commissioner 
shall  also  make  rules  and  regulations  governing  the  expend- 
iture of  highway  funds  and,  with  the  advice  and  consent  of 
the  Governor,  shall  annually  appoint  not  to  exceed  one 
supervisor  for  each  county  to  assist  him  in  the  performance 
of  his  duties.686 

While  the  county,  therefore,  is  an  important  unit  of  gov- 
ernment from  the  standpoint  of  State  administration,  it  has 
no  local  supervision  or  control  of  highways  as  such.  In 
Vermont  the  town  is  the  unit  of  local  administration,  the 
selectmen  being  granted  a  substantial  amount  of  power  and 
authority.  In  addition  to  other  functions,  the  town  is  the 


APPENDIX  345 

unit  for  the  maintenance  of  highways  constructed  by  the 
State. 

Eevenue  for  road  and  bridge  purposes  is  obtained  by  a 
State  highway  tax  of  five  mills,  a  town  tax  of  five  per  cent 
on  the  grand  list,  and  a  license  tax  on  motor  vehicles.  An 
appropriation  of  $150,000  was  made  in  1910  for  permanent 
highway  improvements.  The  automobile  tax  now  amounts 
to  $60,000  a  year  and  is  used  as  a  maintenance  fund. 

VIRGINIA 

A  State  Highway  Commissioner  who  must  be  a  civil  en- 
gineer is  appointed  by  the  Governor,  with  the  consent  of  the 
General  Assembly  in  joint  session.  His  term  of  office  is  six 
years  and  his  salary  $3,000  per  annum.  The  State  Highway 
Commissioner  and  the  professors  of  civil  engineering  in  the 
University  of  Virginia,  the  Virginia  Military  Institute,  and 
the  Virginia  Agriculture  and  Mechanical  College  and  Poly- 
technic Institute  constitute  the  State  Highway  Commission. 
The  commission  prepares  plans,  specifications,  and  esti- 
mates of  the  cost  of  permanent  highway  improvements, 
surveys  proposed  State  roads,  has  supervision  of  the  con- 
struction and  repair  of  main  traveled  roads,  is  required  to 
supply  technical  information  to  local  authorities,  and  ap- 
proves or  disapproves  contracts  after  the  same  have  been 
let  by  local  authorities.687 

From  the  standpoint  of  local  administration  Virginia  in 
common  with  a  great  many  other  States  has  a  somewhat 
complicated  system.  Some  counties  operate  under  special 
road  laws.  In  general,  however,  the  supervision  of  high- 
ways is  vested  in  county  boards  of  supervisors,  county 
superintendents  of  roads,  road  sub-district  boards  and  road 
sub-district  surveyors.  The  board  of  county  supervisors 
appoints  biennially  a  county  superintendent  of  roads  who 
must  be  experienced  in  road  building  or  preferably  a  civil 
engineer.  This  officer  superintends  the  work  of  opening, 


346       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

repairing,  and  maintaining  county  roads  and  bridges.  If 
deemed  necessary  the  superintendent  of  roads,  with  the 
approval  of  the  county  board  of  supervisors,  may  divide 
the  county  into  road  districts  each  of  which  usually  consists 
of  at  least  one  magisterial  district. 

State  aid  is  granted  on  application  of  the  proper  county 
authorities,  provided  one-half  of  the  expense  of  construc- 
tion is  paid  by  the  county.  The  sum  of  $250,000  is  annually 
appropriated  for  this  purpose.  The  road  authorities  of 
each  county  are  also  clothed  with  authority  to  determine 
what  part  of  the  fifty  per  cent  borne  by  the  county  shall  be 
paid  by  the  small  road  divisions  or  by  private  contribu- 
tions.688 

In  addition  to  the  State  appropriation  already  noted  the 
board  of  supervisors  of  each  county  may  levy  a  tax  of  not 
more  than  four  mills  on  a  dollar  of  assessed  valuation,  also 
a  tax  of  not  more  than  four  mills  on  all  taxable  property  in 
the  several  magisterial  districts,  and  finally,  counties  where 
no  special  road  law  is  in  force  may  be  divided  into  road  sub- 
districts  by  the  board  of  supervisors,  and  a  tax  of  not  more 
than  five  mills  levied,  with  the  approval  of  a  majority  vote 
of  the  qualified  electors.  Aside  from  the  taxes  thus  levied 
bond  issues  are  authorized  to  an  amount  which  would  be 
met  by  the  imposition  of  an  annual  tax  of  not  more  than  two 
mills  on  a  dollar,  providing  the  same  has  been  approved  by 
a  vote  of  three-fifths  of  the  qualified  voters.  Finally,  con- 
vict labor  is  provided  for  by  the  laws  of  Virginia. 

WASHINGTON 

The  State  Highway  Commissioner  of  Washington  is  ap- 
pointed by  the  Governor  for  a  term  of  four  years  and  re- 
ceives an  annual  salary  of  $5,000.  The  State  Highway 
Board  is  composed  of  the  Governor,  the  Auditor,  the  State 
Treasurer,  the  State  Highway  Commissioner,  and  a  member 
of  the  State  Eailroad  Commission  to  be  selected  by  the 


APPENDIX  347 

Governor.  The  ex  officio  members  of  the  Board  serve  with- 
out compensation.  The  State  Highway  Commissioner  is 
required  to  compile  statistics  relating  to  public  highways 
throughout  the  State,  may  be  consulted  by  county  officers, 
shall  assist  local  road  officials  when  requested  to  do  so,  and 
is  required  to  submit  a  report  ninety  days  before  each 
session  of  the  legislature.689 

The  unit  of  local  administration  is  the  county,  the  board 
of  county  commissioners  having  general  charge  of  road 
work  and  the  levying  of  taxes  for  road  and  bridge  purposes. 
The  commissioners  are  required  to  divide  their  respective 
counties  into  not  more  than  twenty-four  districts  and  ap- 
point one  road  supervisor  for  each  district.  The  county 
surveyor  is  elected  to  office,  must  be  a  competent  civil  en- 
gineer, and  is  given  substantial  authority  in  road  and  bridge 
matters. 

In  1911,  however,  a  law  was  passed  permitting  counties  to 
adopt  township  organization.  In  counties  which  take  ad- 
vantage of  this  option,  the  township  supervisors  may  divide 
their  townships  into  road  districts  and  appoint  a  road 
overseer  for  each  district,  thus  representing  a  somewhat 
reactionary  tendency  toward  administrative  decentraliza- 
tion.690 

Eevenue  for  road  and  bridge  purposes  is  obtained  from 
the  following  sources :  county  bonds  issued  in  an  amount  not 
exceeding  five  per  cent  of  the  taxable  valuation;  a  tax  of 
not  to  exceed  four  mills  on  all  the  taxable  property  in  the 
county  levied  by  the  board  of  county  commissioners ;  a  tax 
of  not  more  than  two  mills  on  the  dollar  of  all  taxable 
property  in  each  road  district  also  levied  by  the  county 
commissioners  for  the  district  road  and  bridge  fund;  a 
license  fee  of  two  dollars  on  motor  vehicles ;  and  finally,  a 
State  tax  of  one  mill  on  all  taxable  property  in  the  State. 
Washington  also  provides  for  a  somewhat  comprehensive 
system  of  convict  labor  on  the  public  highways. 


348       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

WEST  VIRGINIA 

The  State  Highway  Commissioner  is  appointed  by  the 
Governor  for  a  term  of  four  years  and  receives  an  annual 
salary  of  $3,000.  The  commissioner  distributes  bulletins 
concerning  the  construction  and  maintenance  of  roads, 
makes  biennial  reports  to  the  Governor  and  legislature 
recommending  advisable  legislation,  exercises  general 
supervision  over  all  roads  constructed,  improved  or  main- 
tained either  in  whole  or  in  part  by  State  money,  prepares 
rules  and  regulations  for  county  engineers,  holds  public 
meetings  for  the  discussion  of  all  questions  relating  to  the 
general  subject  of  roads,  examines  and  approves  plans  and 
specifications  for  State  aid  roads,  causes  tests  of  road  ma- 
terials to  be  made,  and  finally  examines  all  accounts  and 
records  made  by  various  road  officials.691 

From  the  standpoint  of  local  administration,  jurisdiction 
over  roads  is  vested  in  the  county  court,  which  appoints  a 
competent  man  as  a  road  supervisor  for  each  magisterial 
district,  who  under  the  direction  of  the  court  divides  his 
district  into  convenient  road  precincts.  In  lieu  of  this  sys- 
tem, however,  the  court  may  appoint  a  county  road  engineer, 
who  is  given  supervision  of  all  road  work  in  the  county. 

State  aid  is  granted  if  plans  and  specifications  prepared 
by  the  county  engineer  have  been  approved  by  the  county 
court  and  by  the  State  Highway  Commission.  The  county 
court  advertises  for  bids,  but  it  should  be  noted  that  the 
contract  must  be  approved  by  the  State  Highway  Commis- 
sioner. The  State  pays  one-third  of  the  cost  of  constructing 
county  roads  out  of  a  fund  created  by  levying  a  tax  of  not 
more  than  one  mill  on  a  dollar.  In  addition  to  the  State  aid 
fund  the  county  court  is  authorized  to  levy  such  taxes  as 
may  be  necessary  for  the  construction  and  maintenance  of 
roads.  What  is  called  a  district  tax  of  one  dollar  may  be 
levied  on  every  male  inhabitant  not  exempt  by  law.  Finally, 
counties,  cities,  towns,  and  villages  are  authorized  to  issue 


APPENDIX  349 

bonds  for  the  purpose  of  improving  roads.  All  road  taxes 
are  paid  in  the  same  manner  as  other  county  and  State 
taxes  and  the  county  road  engineer  is  authorized  to  employ 
convict  labor  on  the  highways.692 

WISCONSIN 

The  State  Highway  Commission  consists  of  the  Dean  of 
the  College  of  Engineering  of  the  State  University,  the 
State  Geologist,  and  three  other  members  appointed  by  the 
Governor,  all  of  whom  serve  without  compensation.  The 
commission  has  authority  to  employ,  remove,  and  fix  the  sal- 
aries of  engineers  and  experts  as  well  as  the  regular  clerical 
force  of  the  office.693  The  law  of  1911  made  an  annual  ap- 
propriation of  $350,000  for  road  and  bridge  construction 
and  $40,000  additional  for  engineering  and  other  expenses 
of  the  commission. 

The  county  board  of  each  county  is  required  to  appoint 
a  competent  man  as  county  highway  commissioner.  The 
new  law  provides  for  a  continuous  system  of  county  roads 
or  prospective  State  aid  highways.  These  roads  may  be 
constructed  by  the  township,  county,  and  State  acting  joint- 
ly, each  paying  one-third  of  the  cost.  Improvements  are 
made  by  the  county  highway  commissioner  under  the  gen- 
eral supervision  of  the  State  Highway  Commission. 
Counties  may  pay  two-thirds  or  four-fifths  of  the  cost,  the 
State  paying  the  remaining  one-third  or  one-fifth  in  cases 
where  townships  have  not  petitioned  for  improvement. 
Bridges  and  improved  stone  or  gravel  roads  are  maintained 
by  the  counties,  but  ordinary  dirt  roads  are  maintained  by 
the  townships.  Finally,  the  cost  of  bridges  over  six  feet  in 
span  is  paid  two-fifths  by  the  township,  two-fifths  by  the 
county,  and  one-fifth  by  the  State. 

It  would  seem,  therefore,  that  the  distribution  of  author- 
ity in  road  and  bridge  matters  has  been  worked  out  on  a 
somewhat  complex  but  scientific  basis.  At  the  head  of  the 


350       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

system  is  the  State  Highway  Commission  which  exercises 
supervision  and  control  through  county  highway  commis- 
sioners appointed  by  the  various  county  boards  of  super- 
visors. Jurisdiction  over  township  roads  is  vested  in  the 
township  board  composed  of  three  members  elected  an- 
nually, who  divide  their  township  into  small  road  districts, 
appointing  a  road  superintendent  or  road  master  for  each 
district. 

Revenue  is  obtained  from  the  following  sources:  a  poll 
tax  of  one  dollar  and  fifty  cents  which  may  be  worked  out ; 
a  county  levy  of  not  more  than  two  mills  for  the  purpose  of 
building  county  roads ;  a  township  levy  of  not  less  than  one 
nor  more  than  seven  mills ;  an  additional  levy  of  not  more 
than  fifteen  mills  if  the  same  has  been  authorized  by  a  vote 
of  the  town  meeting ;  a  special  tax  of  not  less  than  one-half 
nor  more  than  one  mill  may  be  voted  at  the  annual  township 
meeting  for  the  construction  of  permanent  highways;  an 
issue  of  township  or  county  bonds;  and  finally,  the  State 
appropriation  already  mentioned. 

WYOMING 

The  county  commissioners  have  jurisdiction  over  the 
public  highways  and  may  divide  the  county  into  a  conveni- 
ent number  of  road  districts,  one  road  supervisor  being 
elected  for  each  district.  If  a  county  is  not  divided  into 
road  districts,  a  county  road  supervisor  is  elected  by  the 
people.694 

Revenue  for  the  support  of  roads  and  bridges  is  derived 
from  an  annual  county  levy  of  not  more  than  twelve  mills  on 
the  dollar.  A  road  building  tax  of  two  dollars  may  also  be 
levied  by  the  county  commissioners,  which  may  be  paid  in 
cash  or  worked  out  on  the  roads.  Finally,  in  1911  a  law  was 
passed  establishing  a  regular  system  of  State  highways  and 
providing  for  the  construction,  repair,  and  maintenance  of 
the  same  by  convict  labor.695 


NOTES    AND    REFERENCES 


35) 


NOTES  AND  KEFEKENCES 

CHAPTER  I 

1  NewhaU's  A  Glimpse  of  Iowa  in  1846,  p.  12. 

2  The  facts  concerning  the  roads  of  early  Iowa  here  presented  are 
taken  largely  from  an  article  by  Jacob  Van  der  Zee  on  The  Roads 
and  Highways  of  Territorial  Iowa  in  The  Iowa  Journal  of  History 
and  Politics,  Vol.  Ill,  pp.  175-225. 

3  Van  der  Zee's  The  Hollanders  of  Iowa,  p.  136. 

4  Iowa  Historical  Record,  Vol.  XII,  pp.  405,  406.    The  writer  was 
Judge  George  G.  Wright. 

5  Shambaugh's  Documentary  Material  Relating  to  the  History  of 
Iowa,  Vol.  II,  p.  283;  Vol.  Ill,  pp.  266,  267. 

6Aurner's  History  of  Township  Government  in  Iowa,  Chapter 
XVII.  This  monograph  is  in  manuscript  form  in  the  possession  of 
the  State  Historical  Society  of  Iowa  which  plans  to  publish  it 
during  the  coming  year. 

7Aurner's  History  of  Township  Government  in  Iowa,  Chapter 
III. 

8  Acts  of  the  State  of  Ohio,  1st  Session,  3rd  General  Assembly, 
1804-1805,  pp.  364,  365;  Laws  of  the  Territory  of  Iowa,  1839-1840, 
p.  48. 

9  Laws  of  the  Territory  of  Iowa,  1838-1839,  p.  428 ;  Laws  of  the 
Territory  of  Michigan  (Lansing:  1874),  Vol.  Ill,  p.  1211;  Laws  of 
the  Territory  of  Wisconsin,  1837-1838,  p.  175. 

10  Laws  of  the   Territory  of  Iowa,  1839-1840,  pp.   115,   133; 
Chase's  Statutes  of  Ohio,  Vol.  Ill,  pp.  1850-1859. 

11  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  820. 

12  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  848. 

13  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  1045. 

23  353 


354       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

14  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  982. 

15  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  1038. 

16  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  1326. 

17  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  1049. 

18  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  1050. 

19  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  1050. 

20  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  pp.  1051,  1052. 

21  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  1053. 

22  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  pp.  1054,  1055. 

23  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  p.  1055. 

24  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  pp.  1056,  1057. 

25  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  pp.  1057,  1058. 

26  Laws  of  the  Territory  of  Michigan,  Vol.  Ill,  pp.  1058,  1059. 

27  Laws  of  the  Territory  of  Wisconsin,  1836,  p.  64. 

28  The  three  Territorial  roads  established  in  the  Iowa  country  by 
the  Legislative  Assembly  of  the  original  Territory  of  Wisconsin 
were  as  follows: 

1.  From  Farmington  on  the  Des  Moines  River  to  Prairie  du 
Chien,  via  MoffiVs  mill,  Burlington,  Wapello,  and  Dubuque. —  Laws 
of  the  Territory  of  Wisconsin,  1836,  p.  73. 

2.  From  Bloomington  (now  Muscatine)  to  the  forty-mile  point 
on  the  Cedar  River,  via  Geneva,  Moscow,  and  Rochester. —  Laws  of 
the  Territory  of  Wisconsin,  1837-1838,  p.  191. 

3.  From  Dubuque  to  the  settlement  in  Delaware  County  west 
of  Andrew  Bankston's,  via  Whiteside's  mill  on  the  Little  Maquo- 
keta.—  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  p.  192. 

29  Laws  of  the  Territory  of  Wisconsin,  1836,  p.  73. 

30  Laws  of  the  Territory  of  Wisconsin,  1836,  pp.  73-75. 

31  The  plats  and  field  notes  of  all,  or  at  least,  of  a  large  number 
of  the  early  Territorial  roads  provided  for  by  special  act  are  now  on 
file  in  the  Land  Office  records  in  the  office  of  the  Secretary  of  State 
at  Des  Moines. 


NOTES  AND  REFERENCES  355 

32  Laws  of  the  Territory  of  Wisconsin,  1836,  p.  75. 

33  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  pp.  175,  176. 

34  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  p.  263. 

35  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  pp.  138-144. 

36  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  p.  263. 
^Laws  of  the  Territory  of  Wisconsin,  1837-1838,  p.  264. 

38  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  p.  264. 

39  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  p.  266. 

40  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  p.  267. 

41  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  p.  269. 

42  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  pp.  270-272. 

43  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  p.  270. 

44  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  pp.  270-272. 

45  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  pp.  272,  273. 

46  Laws  of  the  Territory  of  Wisconsin,  1837-1838,  p.  275. 

CHAPTER  II 

47  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  I,  p.  82. 

48  Laws  of  the  Territory  of  Iowa,  1838-1839,  pp.  428,  429. 

49  Chase's  Statutes  of  Ohio,  Vol.  Ill,  pp.  1847-1850. 

50  Laws  of  the  Territory  of  Iowa,  1838-1839,  p.  87. 

51  Laws  of  the  Territory  of  Iowa,  1838-1839,  p.  165. 

52  Laws  of  the  Territory  of  Iowa,  1838-1839,  pp.  254,  255.    The 
toll  rates  specified  in  this  act  were  as  follows  for  each  ten  miles  of 
road: 

"For  every  four-wheeled  carriage,  wagon,  or  other  vehicle,  drawn 
by  two  horses,  or  oxen,  twenty-five  cents ;  and  for  each  horse,  or  ox, 
in  addition,  six  cents. 

"For  every  two- wheeled  carriage,  wagon,  or  other  vehicle,  drawn 
by  two  horses,  or  oxen,  twenty  cents;  and  for  each  horse,  or  ox,  in 
addition,  six  cents. 


356       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

"For  every  horse  and  rider  six  and  a  fourth  cents. 

"For  every  horse,  mule,  or  ox,  led  or  driven,  three  cents. 

"For  every  head  of  neat  cattle,  two  cents. 

"For  every  head  of  sheep,  or  hogs,  one  cent. 

* '  For  every  four-wheeled  pleasure  carriage,  drawn  by  two  horses, 
forty  cents. 

"For  every  two-wheeled  pleasure  carriage,  drawn  by  one  horse, 
twenty-five  cents. 

"For  every  four-wheeled  pleasure  carriage,  drawn  by  one  horse, 
twenty-five  cents. 

"For  every  chaise,  riding  chair,  gig,  sulkey,  or  cart,  or  other  two 
wheeled  carriage  of  any  kind,  drawn  by  one  horse,  twelve  and  a  half 
cents. " 

53  See  below,  p.  58. 

54  The  acts  creating  Territorial  roads  may  readily  be  found  by 
consulting  the  four  bound  volumes  of  the  session  laws  of  the  Legis- 
lative Assembly  from  1838  to  1846.     For  a  general  discussion  of 
Territorial  roads,  see  Van  der  Zee's  The  Roads  and  Highiuays  of 
Territorial  Iowa  in  The  Iowa  Journal  of  History  and  Politics,  Vol. 
Ill,  pp.  175-225. 

55  Laws  of  the  Territory  of  Iowa,  1838-1839,  p.  435. 

56  Laws  of  the  Territory  of  Iowa,  1839-1840,  pp.  47,  48. 

57  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  48. 

58  Laws  of  the  Territory  of  Iowa,  1839-1840,  pp.  50,  51. 

59  Chase's  Statutes  of  Ohio,  Vol.  Ill,  p.  1854. 

60  Laws  of  the  Territory  of  Iowa,,  1839-1840,  pp.  115-120,  133- 
138. 

^Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  133;  Chase's 
Statutes  of  Ohio,  Vol.  Ill,  p.  1850;  Acts  of  the  State  of  Ohio,  3rd 
General  Assembly,  1804-1805,  p.  435. 

62  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  133. 

63  Laws  of  the  Territory  of  Iowa,  1839-1840,  pp.  134,  135. 

64  See  above,  p.  16. 

«5  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  135. 


NOTES  AND  REFERENCES  357 

66  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  135. 

«7  Laws  of  the  Territory  of  Iowa,  1839-1840,  pp.  135,  136. 

68  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  138. 

69  por  references  to  these  special  acts  see  Laws  of  the  Territory  of 
Iowa,  1840-1841,  Index,  pp.  133,  134. 

70  Laws  of  the  Territory  of  Iowa,  Extra  Session,  1840,  p.  19. 

71  Laws  of  the  Territory  of  Iowa,  1840-1841,  p.  43. 

72  Laws  of  the  Territory  of  Iowa,  1840-1841,  p.  92. 

73  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  115. 

74  Journal  of  the  House  of  Representatives,  1840-1841,  p.  38. 

75  Journal  of  the  House  of  Representatives,  1840-1841,  p.  35. 

76  Laws  of  the  Territory  of  Iowa,  1841-1842,  pp.  69,  70. 

77  Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  26. 

78  Laws  of  the  Territory  of  Iowa,  1841-1842,  pp.  27,  28. 

79  Laws  of  the  Territory  of  Iowa,  1841-1842,  pp.  97,  98. 

80  Journal  of  the  House  of  Representatives,  1841-1842,  p.  31. 

81  Journal  of  the  House  of  Representatives,  1841-1842,  p.  75. 

82  Laws  of  the  Territory  of  Iowa,  1841-1842,  pp.  69,  70. 

83  Journal  of  the  House  of  Representatives,  1841-1842,  p.  85. 

84  Brindley's  History  of  Taxation  in  Iowa,  Vol.  I,  p.  26. 

85  Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  69. 

86  Laws  of  the  Territory  of  Iowa,  1841-1842,  pp.  69,  70. 

87  Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  70. 

88  The  Moss  substitute  for  section  5  was  as  follows : 

* '  That  it  shall  be  the  duty  of  each  supervisor  to  have  the  money 
expended  upon  the  road  or  roads,  in  his  district,  raised  for  that 
purpose,  as  provided  in  the  first  section  of  this  act;  and  if  found 
to  be  insufficient  to  put  the  road  or  roads  in  good  order,  and  keep 
them  in  such  condition,  it  shall  be  the  duty  of  such  supervisor,  to 
order  out  every  person  in  his  district,  subject  to  labor  on  roads,  as 
many  days  as,  in  his  opinion,  shall  be  necessary  to  put  such  road 


358       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

or  roads  in  good  repair.  And  if  any  person  shall  fail  or  refuse, 
without  good  cause,  to  obey  the  summons  of  said  supervisor,  and 
work,  as  aforesaid,  he  shall  forfeit  and  pay  the  sum  of  one  dollar 
and  fifty  cents,  for  each  and  every  refusal  or  neglect;  to  be  re- 
covered by  action  before  any  Justice  of  the  Peace,  in  the  same  man- 
ner as  other  debts  are  recoverable ;  and  in  case  of  any  such  refusal 
or  neglect  of  any  person  to  attend,  as  aforesaid,  without  good  cause, 
to  make  complaint  to  any  Justice  of  the  Peace,  in  the  name  of  such 
road  district,  and  further  attend  to  the  collection  of  such  forfeit, 
which  said  sum  shall  be  expended  on  the  roads  in  his  district. 

"That  such  supervisor  shall  be  accountable  in  damages,  to  all 
and  every  person  who  shall  receive  special  damage  by  traveling  on 
any  of  the  said  roads  in  his  district,  by  his  neglect :  Provided,  how- 
ever, that  no  supervisor  shall  be  accountable  for  any  damage  sus- 
tained by  any  temporary  obstruction  that  may  be  thrown  in  the 
way,  and  of  which  said  supervisor  has  not  had  at  least  three  weeks  ' 
notice. 

"And  the  question  being  put,  Will  the  House  adopt  the  substi- 
tute ?  Was  determined  in  the  negative. ' ' —  Journal  of  the  House  of 
Representatives,  1841-1842,  p.  86. 

"Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  26. 

90  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  133. 

91  Laws  of  the  Territory  of  Iowa,  1841-1842,  p.  27. 

92  Laws  of  the  Territory  of  Iowa,  1841-1842,  pp.  27,  28. 

93  See  below,  pp.  55, 123. 

94 Laws  of  the  Territory  of  Iowa  (Local),  1842-1843,  pp.  124- 
126. 

95  Revised  Statutes  of  the  Territory  of  Iowa,  1842-1843,  pp. 
519-525. 

96  The  Iowa  Standard  (Iowa  City),  Vol.  Ill,  No.  9,  February  2, 
1843. 

97  Iowa  Capitol  Reporter  (Iowa  City),  Vol.  II,  No.  3,  December 
24,  1842. 

98  Revised  Statutes  of  the  Territory  of  Iowa,  1842-1843,  pp. 
618,  619. 


NOTES  AND  REFERENCES  359 

99  Revised  Statutes  of  the  Territory  of  Iowa,  1842-1843,  pp. 
623-625. 

100  See  below,  pp.  183,  263,  264. 

101  Laws  of  the  Territory  of  Iowa,  1843-1844,  pp.  213-219. 

102  Laws  of  the  Territory  of  Iowa,  1843-1844,  p.  25. 

108  Laws  of  the  Territory  of  Iowa,  Extra  Session,  1844,  p.  7. 

104  Laws  of  the  Territory  of  Iowa,  Extra  Session,  1844,  pp.  9- 
11. 

105  Laws  of  the  Territory  of  Iowa,  1845,  pp.  47,  48. 
™Laws  of  the  Territory  of  Iowa,  1845,  pp.  48,  49. 

107  Laws  of  the  Territory  of  Iowa,  1845,  pp.  27-30. 

108  Journal  of  the  House  of  Representatives,  1845,  p.  10. 

109  See  above,  p.  47. 

il(>  Laws  of  the  Territory  of  Iowa,  1845,  p.  28. 

111  Laws  of  the  Territory  of  Iowa,  1845,  p.  47. 

112  Laws  of  the  Territory  of  Iowa,  1845,  p.  48. 

113  Laws  of  the  Territory  of  Iowa,  1845,  p.  48. 

11 4  Laws  of  the  Territory  of  Iowa,  1845,  pp.  48,  49. 

115  Laws  of  the  Territory  of  Iowa,  1845-1846,  p.  33. 

116  Laws  of  the  Territory  of  Iowa,  1845-1846,  pp.  41,  42. 

117  Laws  of  the  Territory  of  Iowa,  1845-1846,  p.  40. 

118  Laws  of  the  Territory  of  Iowa,  1845-1846,  pp.  145,  146. 

119  Laws  of  the  Territory  of  Iowa,  1845-1846,  p.  42. 

120  United  States  Statutes  at  Large,  Vol.  V,  p.  352. 

121  Van  der  Zee's  The  Roads  and  Highways  of  Territorial  Iowa 
in  The  Iowa  Journal  of  History  and  Politics,  Vol.  Ill,  pp.  221, 
222. 

122  United  States  Statutes  at  Large,  Vol.  V,  p.  670. 

123  Irish's  History  of  Johnson  County  Iowa  in  The  Annals  of 
Iowa,  Vol.  VI,  p.  607.     See  also  Van  der  Zee's  The  Roads  and 


360       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Highways  of  Territorial  Iowa  in  The  Iowa  Journal  of  History 
and  Politics,  Vol.  Ill,  p.  221. 

124Aurner's  History  of  Johnson  County,  Chapter  X. 

CHAPTER  III 

125  Laws  of  Iowa,  1846-1847,  pp.  250,  251 ;  Laws  of  Iowa,  Ex- 
tra Session,  1848,  p.  114. 

12«  Laws  of  Iowa,  1846-1847,  p.  116. 

127  Laws  of  Iowa,  Extra  Session,  1848,  p.  44. 

128  The  special  acts  establishing  State  roads  may  readily  be  found 
by  consulting  the  bound  volumes  of  the  session  laws. 

129  Annals  of  Iowa  (Third  Series),  Vol.  IV,  p.  72. 

130  Laws  of  Iowa,  1848-1849,  pp.  52-55. 
™*Laws  of  Iowa,  1848-1849,  pp.  52,  53. 

132  Laws  of  Iowa,  1848-1849,  p.  53. 

133  Laws  of  Iowa,  1848-1849,  p.  54. 

134  See  "An  Act  to  authorize  General  Incorporations",  approved 
February  22,  1847.— Laws  of  Iowa,  1846-1847,  p.  101. 

™*Laws  of  Iowa,  1848-1849,  p.  55. 

136  Laws  of  Iowa,  1850-1851,  pp.  53-55. 

137  Laws  of  Iowa,  1850-1851,  pp.  54,  55. 

138  Tne  acts  providing  for  these  graded  or  plank  roads  may  be 
found  in  Laws  of  Iowa,  1848-1849,  pp.  52,  126,  159 ;  1850-1851, 
pp.  42,  53,  72,  78,  97,  139,  159,  161,  180;  1852-1853,  p.  43. 

139  Autobiographical  Manuscript  and  Papers  of  James  Harlan. 

140  Van  der  Zee's  The  Hollanders  of  Iowa,  p.  91. 

Through  the  kindness  of  Mr.  Ralph  B.  Smith  of  Keokuk  the 
following  interesting  facts  concerning  the  plank  road  leading  from 
Keokuk  up  the  valley  of  the  Des  Moines  River  have  been  secured : 

The  road  ran  from  the  corner  of  Fourteenth  and  Main  Streets 
in  Keokuk  to  a  point  about  thirteen  miles  to  the  northwest  of  the 
city.  The  original  plan  seems  to  have  been  to  build  the  road 


NOTES  AND  REFERENCES  361 

through  to  Fort  Des  Moines  (the  present  city  of  Des  Moines),  but 
the  construction  of  the  first  thirteen  miles  exhausted  the  funds  of 
the  company.  The  road  was  financed  by  a  stock  company,  but  it 
has  not  been  possible  to  discover  the  names  of  the  stockholders. 

The  road  was  built  in  the  years  1850  and  1851,  the  contractors 
being  the  firm  of  Brownell  and  Sprott,  of  whom  William  Brownell 
of  Keokuk  was  the  senior  partner.  "The  road  was  constructed  of 
stringers  and  planks  cut  from  the  surrounding  timber.  There  were 
three  stringers  six  by  six  of  black  walnut  and  the  planks  were  eight 
feet  long,  two  inches  thick  and  of  whatever  breadth  they  squared. ' ' 
It  seems  that  at  first  the  planks  were  laid  on  loose,  but  that  later 
they  were  spiked  down  to  the  stringers.  There  were  at  least  two 
toll  gates:  one  at  the  city  limits  of  Keokuk,  and  the  other  about 
four  miles  out,  opposite  where  the  present  County  Home  stands. 

The  road  finally  came  into  the  possession  of  Harry  Fulton,  a 
former  Deputy  United  States  Marshal  for  that  district,  who  later 
sold  it  to  Lee  County  after  a  long  controversy.  The  board  of 
supervisors  took  up  the  planks  and  sold  them  for  fire  wood,  and 
thus  the  existence  of  the  road  as  a  plank  road  came  to  an  end.  The 
route,  however,  was  not  abandoned,  but  is  still  the  principal  high- 
way into  Keokuk  from  the  northwest. 

In  this  connection  it  is  believed  that  the  following  estimate  of 
the  cost  of  a  proposed  plank  road  from  Keokuk  to  Montrose  is 
illustrative  of  the  cost  of  plank  road  construction  in  Iowa  in  gen- 
eral: 

"A  single  track,  for  one  mile,  will  require  one  hundred  and 
forty  thousand  and  eight  hundred  feet.  This,  at  $15  per  thousand, 
will  be  $2,112.  Engineering,  gates,  bridges  and  contingencies,  say 
$500 ;  making  in  all  $2,612  per  mile,  or  the  entire  distance  $31,344. 
Putting  the  toll  at  3  cents  per  mile,  (the  usual  charge)  and  the 
travel  at  fifty  teams  daily,  the  road  will  earn  during  the  year 
$6,570.  Deducting  a  dividend  of  10  per  cent,  on  the  capital  in- 
vested will  leave  $3,436  to  keep  up  repairs  and  pay  charges. " — 
Keokuk  Register,  Vol.  II,  No.  38,  February  8,  1849. 

Furthermore,  an  excellent  idea  of  the  methods  of  constructing 
plank  roads  is  to  be  found  in  the  following  extract  from  a  report 
made  by  H.  W.  Starr  of  Burlington  at  a  meeting  of  citizens  called 
to  consider  the  question  of  building  the  plank  road  from  Burlington 
to  Mt.  Pleasant : 


362       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

"In  the  construction,  steep  inclinations  are  to  be  avoided, — 
never  ascending  more  than  one  foot  in  thirty  or  forty.  The  road 
should  be  graded  wide  enough  for  two  tracks.  Two  stringers, 
twelve  by  three,  four  feet  apart,  and  centre  to  centre,  are  laid 
down  flatwise  and  well  imbedded  in  the  earth.  Across  these  at 
right  angles,  three  inch  plank,  eight  feet  long,  are  laid.  The  earth 
is  then  to  be  well  packed  up  to  them,  and  the  earth  track  sloped 
toward  the  ditches,  and  the  road  is  complete.  Many  minor  points, 
such  as  fastening  down  the  planks,  breaking  joints,  carrying  off  the 
water,  preventing  ruts  alongside  &c.,  are  to  be  attended  to,  and 
readily  occur  to  an  observer. 

"As  to  durability,  experience  is  limited.  One  set  of  stringers 
will  outlast  two  or  three  coverings  of  plank.  The  wear  of  the  first 
year  is  equal  to  the  next  six.  On  one  road,  the  passage  of  16,000 
teams  wore  a  hemlock  plank  down  one  inch.  Oak  or  pine  is  thought 
to  be  better  than  hemlock/' — Keokuk  Register,  Vol.  II,  No.  38, 
February  8,  1849. 

141  ;por  the  special  acts  relative  to  these  roads  the  reader  is  re- 
ferred to  the  statute  laws. 

142  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  35,  August 
27, 1850. 

143  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  65,  Novem- 
ber 5,  1850. 

144  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  80,  Decem- 
ber 10,  1850. 

145  The  Muscatine  Journal,  Vol.  II,  No.  28,  December  7,  1850. 

146  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  85,  Decem- 
ber 21,  1850. 

147  The  Muscatine  Journal,  Vol.  II,  No.  28,  December  7,  1850. 

148  The  following  is  a  statement  from  a  contemporary  source : 
"In  that  excellent  little  treatise  on  plank  roads  by  the  Hon. 

Robert  Dale  Owen,  the  author,  by  way  of  illustrating  some  of  the 
benefits  arising  to  farmers  and  land  holders  upon  the  line  of 
these  roads,  alludes  to  a  farmer  named  Wilson,  whose  lands  are 
divided  by  the  road,  built  under  the  direction  of  Mr.  0,  running 
from  New  Harmony  to  Mt.  Vernon.  Mr.  W.  owns  a  thousand  acres 


NOTES  AND  REFERENCES  363 

of  land,  one  hundred  and  fifty  of  which  are  cleared  and  under 
cultivation  while  the  remaining  eight  hundred  and  fifty  acres,  rich, 
and  heavily  timbered,  are  still  in  a  state  of  nature.  The  nearest 
available  market  to  Mr.  Wilson  is  Mt.  Vernon,  seven  miles  distant ; 
to  haul  his  wood  thither  on  the  old  road  required  a  four  horse  team, 
and  in  long  days  could  make  but  two  loads,  one  cord  each,  a  day, 
which  for  family  use  would  bring  $1.50  a  cord;  allowing  $2.50  a 
day  for  the  hauling  and  added  to  this  the  price  of  chopping  the  two 
cords  of  wood  at  40  cents  a  cord,  Mr.  W.  would  sink  by  the  operation 
30  cents  a  day. 

"But  how  does  the  account  stand  by  the  use  of  the  improved 
road?  He  can  now  haul  with  four  horses  upon  a  properly  con- 
structed wagon  three  cords  of  seasoned  wood  as  easily  as  he  could 
haul  one  on  the  old  road,  and  can  make  his  two  trips  a  day  at  all 
seasons  of  the  year,  and  in  considerably  shorter  time  than  he  could 
on  the  unimproved  road.  Each  day,  then,  a  single  four-horse  team 
can  deliver  six  cords  of  wood,  which,  as  before,  is  $1.50 ;  chopping 
six  cords  at  40  cents  is  $2.40 ;  add  to  the  tolls,  30  miles  at  3  cents 
per  mile,  90  cents;  making  the  cost  of  the  six  cords  of  wood  de- 
livered $5.80.  These  six  cords  of  wood  bring  $9,  leaving  a  daily 
profit  of  $3.20. 

"Now  for  the  results.  "While  the  old  road  without  toll  gates,  was 
the  only  medium  of  transportation,  Mr.  Wilson's  cord-wood,  as  an 
article  of  commerce,  was  worthless,  while  his  land  for  agricultural 
purposes  was  entirely  unavailable,  except  at  a  very  considerable 
additional  cost  for  clearing.  But,  by  the  use  of  the  improved 
taxed  road,  the  same  worthless  incumbrance  becomes  at  once  of  so 
much  value  that  it  will  pay  more  than  twice  over  for  clearing  and 
fencing  the  land  on  which  it  stands,  or  allowing  the  usual  quantity 
of  wood  which  may  be  cut  from  such  land,  the  clear  profits  arising 
from  the  wood  from  100  acres  may  be  put  down  at  one  thousand 
dollars.  The  author  then  continues: 

"  'Let  us  suppose  that  he  keeps  two  four-horse  teams  regularly 
running  between  his  farms  and  Mount  Vernon,  conveying  thither 
twelve  cords  of  wood  a  day.  To  chop  and  haul  this  wood,  he  must 
employ  regularly  ten  or  twelve  hands. 

"Here,  then,  we  have  a  mere  improvement  in  a  road  creating 
permanent  employment  and  giving  lucrative  business,  furnishing 


364       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

a  livelihood  to  eight  or  ten  additional  laborers  on  a  single  farm,  and 
returning  to  the  owner  of  that  farm  a  clear  profit  from  this  newly 
created  business  of  $700  or  $800  annually. " — Muscatine  Journal, 
Vol.  II,  No.  28,  December  7,  1850. 

149  The  Burlington  Tri-WeeTdy  Telegraph,  Vol.  I,  No.  84,  Decem- 
ber 19,  1850. 

150  Constitution  of  Iowa,  1846,  Art.  II,  Sec.  18. 

151  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  84,  Decem- 
ber 19,  1850. 

152  The  editorial  in  full  reads  as  follows : 

' '  To  show,  in  some  measure,  the  necessity  of  a  general  plank  road 
law  for  the  State  of  Iowa,  we  must  consider  that  plank  road  com- 
panies are  now  being  organized  all  over  the  State,  none  of  which 
have  the  power  of  acquiring  the  right  of  way,  and  which  can  only 
carry  out  their  objects  by  buying  the  land  over  which  the  road 
runs.  This  amounts  to  a  denial  of  power  to  construct  the  road  in 
many  instances,  and  companies  are  to  be  put  to  great  expense, 
trouble  and  delay  in  locating  the  routes  of  their  roads. 

"At  the  last  session  of  the  Ohio  Legislature  charters  were  granted 
to  forty-eight  companies  to  construct  plank  roads,  in  addition  to 
several  charters  granted  to  turnpike  companies,  with  permission  to 
use  plank  to  construct  their  roads,  if  found  desirable.  All  this 
special  legislation  might  have  been  avoided  by  a  liberal  and  properly 
guarded  general  plank  road  law,  such  as  exists  in  New  York.  In 
the  latter  State,  213  plank  road  companies  had  been  organized  up 
to  the  15th  of  October  last,  with  an  aggregate  of  2600  miles  of 
plank  road,  and  with  a  capital  employed  of  more  than  $4,500,000. 

' '  In  a  general  plank  road  law  for  our  State,  in  our  opinion  there 
are  several  things  that  should  be  specially  provided  for.  The  pro- 
visions may  be  made  applicable  to  all  roads  constructed  by  incor- 
porated companies,  whether  rail  roads,  turnpike  roads  or  plank 
roads;  we  only  speak  of  the  latter  for  facility  of  illustration.  In 
the  first  place  the  law  should  provide  that  any  incorporated  road 
company  may  acquire  the  right  of  way  through  the  land  of  any 
proprietor  living  on  the  proposed  route,  and  the  compensation 
awarded  for  damages  sustained  by  such  proprietor  should  be  as- 
sessed by  a  jury,  summoned  under  a  writ  of  ad  quod  damnum. 


NOTES  AND  REFERENCES  365 

This  writ  may  be  issued  to  the  Sheriff  of  the  county  from  the  office 
of  the  clerk  of  the  district  court,  and  the  proceedings  of  the  Sheriff 
and  jury  might  be  returned  to  the  office  to  undergo  the  supervision 
of  the  court  at  its  next  session. 

1  'The  law  should  further  provide  that  in  assessing  the  damages 
of  any  proprietor  through  whose  land  the  road  is  to  run,  the  jury 
shall  be  sworn  to  take  into  consideration  any  damage  or  inconveni- 
ence the  owner  may  sustain,  including  the  building  of  additional 
fences,  as  well  as  the  benefit  he  is  to  derive  from  the  road,  including 
the  increased  value  of  his  land  and  greater  facilities  in  getting  to 
market. 

1  'All  roads  should  further  be  declared  public  highways,  and  the 
offence  of  injuring  or  obstructing  them  should  be  made  highly 
penal.  The  corporation  building  the  road  may  be  a  private  one, 
and  the  road  may  be  private  property,  but  in  another  sense  the 
roads  are  public  property  and  are  for  the  public  use.  As  a  private 
association,  the  road  company  might  not  have  the  power  to  acquire 
the  right  of  way  under  the  constitution,  even  by  paying  compensa- 
tion; but  if  the  roads  are  declared  public  highways  and  set  apart 
for  the  public  use,  no  such  constitutional  questions  can  possibly 
arise.  The  Constitution  of  our  State  provides  that  'private  prop- 
erty shall  not  be  taken  for  public  use  without  just  compensation/ 
The  right  of  a  road  company  to  take  private  property  for  their 
use,  even  for  a  just  compensation,  may  well  be  doubted,  and 
to  obviate  the  objection,  we  have  made  the  above  suggestions.  Such 
a  provision  will  not  at  all  interfere  with  the  right  or  power  to 
collect  tolls ;  for  if  the  State  would  itself  have  the  power  to  collect 
tolls  on  any  public  improvement,  it  may  well  grant  such  power  to 
any  company  incorporated  under  a  general  law  to  construct  a 
public  road. 

"The  provisions  above  as  to  roads,  should  also  include  bridges. 
Ample  inducements  should  be  held  out  to  our  citizens  to  encourage 
their  erection,  and  to  capitalists  abroad  to  invest  their  money  in 
them. 

"This  may  all  be  done  by  a  general  law;  such  may  easily  be 
framed,  and  such  we  hope  the  legislature  will  pass  this  winter.  Its 
provisions  should  be  liberal  on  the  one  hand  and  strictly  guarded 
on  the  other.  Let  it  lend  the  aid  and  countenance  of  the  State  to 


366       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

every  species  of  internal  improvement,  and  at  the  same  time  let  it 
put  on  every  necessary  restraint  to  prevent  the  possibility  of  abuse 
or  fraud."—  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  85, 
December  21,  1850. 

133  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  98,  Janu- 
ary 21,  1851. 

154  In  the  editorial  referred  to  in  the  text,  which  is  entitled 
"Burlington  and  Louisa  County  Plank  Road",  it  was  claimed  that 
the  people  residing  along  the  route  of  the  proposed  highway  had 
contributed  $10,000,  and  that  $18,000  of  the  capital  stock  had  to  be 
subscribed  before  it  was  possible  to  establish  a  permanent  organ- 
ization.   The  city  of  Burlington  was  urged  "to  show  some  tangible 
evidence  of  their  appreciation  of  the  importance  of  this  under- 
taking."—  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  98, 
January  21,  1851. 

155  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  118,  March 
8,  1851. 

156  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  Ill,  Febru- 
ary 20,  1851. 

15?  Constitution  of  Iowa,  1846,  Art.  IX,  Sec.  1. 

158  Constitution  of  Iowa,  1846,  Art.  IX,  Sec.  2. 

159  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  91,  Janu- 
ary 4,  1851. 

160  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  91,  Janu- 
ary 4,  1851. 

161  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  99,  Janu- 
ary 23,  1851. 

162  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  85,  Decem- 
ber 21,  1850. 

163  Constitution  of  Iowa,  1857,  Art.  Ill,  Sec.  30. 

164  Constitution  of  Iowa,  1857,  Art.  VIII. 

CHAPTER  IV 

165  The  members  of  the  Code  Commission  were  Stephen  Hemp- 


NOTES  AND  REFERENCES  367 

stead,  Charles  Mason,  and  "Wm.  G.  "Woodward.  For  a  discussion  of 
the  Code  of  1851  see  Powell 's  History  of  the  Codes  of  Iowa  Law  in 
The  Iowa  Journal  of  History  and  Politics,  Vol.  X,  pp.  3-69. 

lee  Brindley's  History  of  Taxation  in  Iowa,  Vol.  I,  pp.  35^41. 

167  Brindley's  History  of  Taxation  in  Iowa,  Vol.  I,  p.  40. 

168  See  above,  p.  4. 

iG9  jnor  instance  see  The  Burlington  Tri-Weekly  Telegraph,  Vol. 
I,  Nos.  84  and  86,  December  19  and  24,  1850. 

170  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  87,  Decem- 
ber 26, 1850. 

171  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  87,  Decem- 
ber 26, 1850. 

172  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  88,  Decem- 
ber 28,  1850. 

173  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  88,  Decem- 
ber 28,  1850. 

174  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  88,  Decem- 
ber 28, 1850. 

175  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  89,  Decem- 
ber 31,  1850. 

176  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  92,  Janu- 
ary 7,  1851. 

177  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  90,  Janu- 
ary 2,  1851. 

178  The  Burlington  Tri-Weekly  Telegraph,  Vol.  I,  No.  89,  Decem- 
ber 31,  1850. 

179  The  Muscatine  Journal,  Vol.  II,  No.  33,  January  11,  1851. 
See  also  Powell's  History  of  the  Codes  of  Iowa  Law  in  The  Iowa 
Journal  of  History  and  Politics,  Vol.  X,  p.  27. 

180  Code  of  Iowa,  1851,  p.  21. 

181  Code  of  Iowa,  1851,  p.  90. 

182  Code  of  Iowa,  1851,  pp.  90-98. 


368       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

183  Code  of  Iowa,  1851,  p.  91. 

184  Code  of  Iowa,  1851,  p.  91. 

185  Code  of  Iowa,  1851,  pp.  91,  92. 

186  Code  of  Iowa,  1851,  p.  92. 

187  Code  of  Iowa,  1851,  p.  93. 

188  Code  of  Iowa,  1851,  pp.  94,  95. 

189  Code  of  Iowa,  1851,  pp.  95,  96. 

190  Code  of  Iowa,  1851,  p.  96. 

191  Code  of  Iowa,  1851,  pp.  98-100. 

192  Code  of  Iowa,  1851,  p.  100. 

193  The  Iowa  Journal  of  History  and  Politics,  Vol.  VIII,  p.  505. 

CHAPTER  V 

194  In  the  Department  of  Public  Archives  (Des  Moines). 
™*Laws  of  Iowa,  1852-1853,  pp.  79-83. 

196  See  above,  pp.  86,  87. 

197  Laws  of  Iowa,  1852-1853,  p.  80. 

198  Laws  of  Iowa,  1852-1853,  pp.  81,  82. 
i"  Laws  of  Iowa,  1852-1853,  p.  82. 

20°  Laws  of  Iowa,  1852-1853,  pp.  82,  83. 

201  Laws  of  Iowa,  1852-1853,  p.  82. 

202  Laws  of  Iowa,  1852-1853,  pp.  174-185. 

203  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  I,  p.  463. 

204  Journal  of  the  Senate,  1854-1855,-  pp.  213,  214. 
2°5  Journal  of  the  Senate,  1854-1855,  p.  214. 

20«  Journal  of  the  Senate,  1854-1855,  p.  215. 

207  Journal  of  the  Senate,  1854-1855,  p.  216. 

208  Burlington  Tri-Weekly  Hawk-Eye,  Vol.  I,  No.  38,  February 
6, 1855. 


NOTES  AND  REFERENCES  369 

209  Laws  of  Iowa,  1854-1855,  pp.  320-322;  also  Laws  of  Iowa, 
Extra  Session,  1856,  p.  116. 

210  Laws  of  Iowa,  1854-1855,  p.  217. 

211  Laws  of  Iowa,  1856-1857,  pp.  168,  169. 

212  Annals  of  Iowa  (Third  Series),  Vol.  IV,  p.  73. 

213  See  above,  pp.  45,  48. 

214  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  II,  p.  41. 

215  Constitution  of  Iowa,  1857,  Art.  Ill,  Sec.  30. 

216  Constitution  of  Iowa,  1857,  Art.  VIII,  Sees.  1-12. 

217  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  II,  p.  55. 

218  Laws  of  Iowa,  1846-1847,  p.  163. 

219  Shambaugh  's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  II,  p.  57. 

220  See  above,  pp.  4,  27. 

221  In  the  Department  of  Public  Archives  (Des  Moines). 

222  Journal  of  the  House,  1858,  pp.  88,  89. 

223  Journal  of  the  Senate,  1858,  pp.  96,  97. 

224  Journal  of  the  Senate,  1858,  p.  99. 

225  Journal  of  the  House,  1858,  pp.  136, 137. 

226  The  Daily  Gate  City  (Keokuk),  Vol.  IV,  No.  282,  January  28, 
1858. 

227  Laws  of  Iowa,  1858,  pp.  290-296,  330-340. 

228  Laws  of  Iowa,  1858,  pp.  330-340. 

229  Laws  of  Iowa,  1858,  pp.  331,  332. 

230  Laws  of  Iowa,  1858,  pp.  333,  334. 

231  Laws  of  Iowa,  1858,  p.  334. 

232  Laws  of  Iowa,  1858,  p.  335. 

233  Laws  of  Iowa,  1858,  p.  335. 

24 


370       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

234  Laws  of  Iowa,  1858,  p.  336. 

235  Laws  of  Iowa,  1858,  p.  338. 

236  Laws  of  Iowa,  1858,  pp.  339,  340. 
287  Laws  of  Iowa,  1858,  pp.  290-296. 

238  Laws  of  Iowa,  1858,  p.  290. 

239  Laws  of  Iowa,  1858,  p.  291. 

240  Laws  of  Iowa,  1858,  p.  294. 

241  Laws  of  Iowa,  1858,  p.  295. 

242  7  Iowa  248. 

243  Constitution  of  Iowa,  1857,  Art.  I,  Sec.  18. 

244  9  Iowa  202,  203 

245  9  Iowa  203. 

246  9  Iowa  450. 

247  United  States  Statutes  at  Large,  Vol.  V,  pp.  70,  71,  178,  179. 

248  9  Iowa  450,  451. 

249  The  opinion  of  the  court  is  explained  more  fully  by  the  fol- 
lowing extract: 

"We  have  seen  that  neither  of  these  propositions  can  be  sus- 
tained. That  on  the  contrary  thereof,  the  city  by  virtue  of  the 
dedication  by  the  United  States,  took  no  title  to  the  streets;  that 
it  has  no  right  to  use  them  for  its  own  purposes,  nor  to  employ 
them  for  any  purpose  different  from  that  for  which  they  were 
designed;  that,  subject  to  the  public  easement,  the  owner  of  the 
adjoining  lots  is  the  absolute  owner  of  the  soil  of  the  streets,  and 
retains  his  exclusive  right  in  all  mines,  quarries,  springs  of  water, 
timber  and  earth,  for  every  purpose  not  inconsistent  with  the 
public  right  of  way. 

"Neither  the  city,  nor  any  individual  had  the  right,  against  the 
will  or  without  the  consent  of  the  owner  of  the  adjoining  lot,  to 
construct  a  cistern  under  the  street  or  sidewalk ;  and  if  the  defend- 
ant for  his  own  convenience,  or  to  suit  his  own  purpose,  excavated 
the  earth  from  the  sidewalk  opposite  his  lot,  and  in  so  doing  in- 
jured or  destroyed  the  cistern,  there  is  no  principle  on  which  he 


NOTES  AND  REFERENCES  371 

can  be  made  liable,  in  any  action  by  the  city,  to  recover  damages 
for  the  injury. "—  9  Iowa  459-461. 

CHAPTER  VI 

250  See  above,  p.  6. 

251  In  the  Department  of  Public  Archives  (Des  Moines). 

252  In  the  Department  of  Public  Archives  (Des  Moines). 

253  In  the  Department  of  Public  Archives  (Des  Moines). 

254  House  File,  No.  113. —  Journal  of  the  House  of  Representa- 
tives, 1860,  pp.  161, 162. 

255  House  File,  No.  33. —  Journal  of  the  House  of  Representa- 
tives, 1860,  p.  90. 

256  House  File,  No.  185. —  Journal  of  the  House  of  Representa- 
tives, 1860,  p.  259. 

257  House  File,  No.  295. —  Journal  of  the  House  of  Representa- 
tives, 1860,  p.  450. 

258  Journal  of  the  Senate,  1860,  p.  438. 

259  Journal  of  the  House  of  Representatives,  1860,  pp.  161,  162. 

260  House  File,  No.  113,  in  the  Department  of  Public  Archives 
(Des  Moines). 

261  House  File,  No.  113,  Sec.  23,  in  the  Department  of  Public 
Archives  (Des  Moines). 

262  Journal  of  the  House  of  Representatives,  1860,  pp.  161,  162. 

263  Journal  of  the  House  of  Representatives,  1860,  p.  211. 

264  Journal  of  the  House  of  Representatives,  1860,  p.  261. 

265  Senate  File,  No.  95  was  introduced  as  a  substitute  for  Senate 
Files,  Nos.  45,  46.—  Journal  of  the  Senate,  1860,  pp.  248,  249. 

266  Journal  of  the  Senate,  1860,  pp.  249,  250. 

267  Journal  of  the  House  of  Representatives,  1860,  p.  387. 

268  Journal  of  the  Senate,  1860,  p.  412. 

269  Journal  of  the  Senate,  1860,  pp.  438,  439. 


372       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

270  por  instance  see  Journal  of  the  Senate,  1860,  pp.  440,  441. 

271  The  following  is  a  copy  of  an  amendment  by  Senator  Wilson 
of  Dubuque  providing  for  the  election  of  Supervisors  on  the  basis 
of  population : 

"But  if  the  population  of  any  such  township  exceeds  four  thou- 
sand, and  is  less  than  eight  thousand,  there  shall  be  elected  an 
additional  Supervisor  from  such  township,  or  townships,  and  one 
additional  Supervisor  for  each  four  thousand  inhabitants  over  and 
above  eight  thousand,  the  number  of  inhabitants  to  be  determined 
by  the  last  preceding  State  or  Federal  Census,  each  of  which  Super- 
visors, &c." — Journal  of  the  Senate,  1860,  p.  455. 

272  Journal  of  the  Senate,  1860,  p.  456. 

273  Journal  of  the  House  of  Representatives,  1860,  p.  430. 

274  "The  bill  substituting  the  Supervisor  system  for  the  present 
County  Judge  system,  has  passed  both  branches  of  the  Legislature, 
and  we  presume  has  received  the  signature  of  the  Governor.    We 
regard  this  as  the  most  important  measure  of  the  session  —  not 
excepting  the  new  Code.    It  works  a  much  needed  and  radical  re- 
form.   It  subverts  and  dethrones  just  as  many  little  kings  or  petty 
despots,  or  possible  despots,  as  there  are  Counties  in  the  State.    It 
restores  to  the  people  the  powers,  and  the  exercise  of  powers  which 
never  should  have  been  taken  from  them,  and  which  it  is  dangerous 
for  them  to  part  with.    It  restores  that  principle  and  system  of  local 
self-government  which  was  the  germ  of  our  municipal  Republican 
institutions,  and,  in  all  ages  of  English  civilization,  the  bulwark  of 
individual  liberty. 

"The  system  is  essentially  democratic  in  the  true  sense  of  the 
term.  It  gives  to  the  people  of  every  organized  locality  a  voice  in 
the  control  of  their  own  affairs,  and  thereby  develops  a  true  civic 
life,  and  trains  up  each  individual  in  the  practice  of  the  duties  of 
citizenship.  Close  representation  and  direct  responsibility  secure 
a  faithful  management  of  County  affairs.  As  the  people  become 
acquainted  with  the  system,  they  will  like  it,  and  will  rejoice  that 
the  'County  King'  is  dethroned.  He,  at  least,  can  no  longer  use, 
abuse,  and  distribute  the  vast  patronage  of  the  County  for  the  per- 
petuation of  his  own  power." — The  Daily  Gate  City  (Keokuk), 
Vol.  VII,  No.  18,  March  21,  1860. 


NOTES  AND  REFERENCES  373 

275  The  Burlington  Daily  Hawk-Eye,  February  29,  1860. 

276  Revision  of  I860,  pp.  133-147. 

277  Revision  of  I860,  p.  53. 

278  Revision  of  1860,  p.  146. 

279  Revision  of  1860,  p.  53. 

280  Revision  of  1860,  pp.  48-53. 

281  See  above,  pp.  129-132. 

282  Revision  of  1860,  pp.  50,  51. 

283  Laws  of  Iowa,  1858,  p.  334. 

284  12  Iowa  506. 

285 12  Iowa  507-509. 

286  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  II,  p.  314. 

287  In  the  Department  of  Public  Archives  (Des  Moines). 

288  In  the  Department  of  Public  Archives  (Des  Moines). 

289  Laws  of  Iowa,  1862,  pp.  106-108. 

290  Laws  of  Iowa,  1862,  pp.  192,  193. 

291  Laws  of  Iowa,  1862,  p.  107. 

292  Laws  of  Iowa,  1862,  pp.  107,  108. 

293  Laws  of  Iowa,  1862,  p.  192. 

294  See  above,  p.  116. 

295  Laws  of  Iowa,  1862,  p.  193. 

296  Laws  of  Iowa,  1864,  pp.  82,  83  and  89. 

297  Laws  of  Iowa,  1864,  p.  89. 

298  House  File,  No.  64. —  Journal  of  the  House  of  Representa- 
tives, 1866,  p.  109.    Also  House  File,  No.  86,  Journal  of  the  House 
of  Representatives,  1866,  p.  123 ;  and  Senate  File,  No.  124,  Journal 
of  the  Senate,  1866,  p.  251. 

299  Journal  of  the  House  of  Representatives,  1866,  p.  129. 

300  Iowa  Daily  State  Register  (Des  Moines),  Vol.  V,  No.  6,  Janu- 
ary 24, 1866. 


374       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

301  For  an  account  of  the  debate  in  the  House  of  Representatives 
on  the  Brown  resolution  relative  to  the  proposed  change  in  local 
government  see  the  Iowa  Daily  State  Register  (Des  Homes),  Vol. 
V,  No.  6,  January  24,  1866. 

302  Journal  of  the  House  of  Representatives,  1866,  p.  208. 

303  Laws  of  Iowa,  1866,  p.  80. 

304  Revision  of  I860,  p.  51. 

305  Laws  of  Iowa,  1866,  p.  80. 

306  Laws  of  Iowa,  1866,  pp.  135-137. 
3°7  Laws  of  Iowa,  1866,  p.  136. 

308  21  Iowa  409. 

309  21  Iowa  415,  416 

310  Petitions  on  file  in  the  Department  of  Public  Archives  (Des 
Moines). 

311  In  the  Department  of  Public  Archives  (Des  Moines). 

312  House  Files,  Nos.  8,  9,  24,  and  25. —  Journal  of  the  House  of 
Representatives,  1868,  pp.  65,  75. 

313  A  copy  of  House  File,  No.  9,  introduced  by  Mr.  Dudley  may 
be  found  in  the  Department  of  Public  Archives  (Des  Moines). 

314  See  Journal  of  the  House  of  Representatives,  1868,  pp.  544, 
545;  Journal  of  the  Senate,  1868,  pp.  85, 161,  209,  248,  249. 

315  Laws  of  Iowa,  1868,  pp.  39,  40. 

316  23  Iowa  531. 

317  Laws  of  Iowa,  1868,  p.  53. 

318  Laws  of  Iowa,  1868,  p.  102. 

319  Revision  of  1860,  p.  143. 

320  Laws  of  Iowa,  1868,  pp.  221,  223. 

321  Laws  of  Iowa,  1868,  p.  138. 

322  Laws  Of  Iowa,  1868,  p.  139. 

323  Laws  of  Iowa,  1868,  p.  152. 

324  Laws  of  Iowa,  1868,  p.  207. 


NOTES  AND  REFERENCES  375 

325  Laws  of  Iowa,  1868,  p.  114. 

326  Laws  of  Iowa,  1866,  p.  135. 

327  25  Iowa  540. 

328  25  Iowa  546-549. 

329  34  Iowa  421. 

330  Revision  of  I860,  p.  53. 

CHAPTER  VII 

331  In  the  Department  of  Public  Archives  (Des  Moines). 

332  Petitions  in  Department  of  Public  Archives  (Des  Moines). 

333  Journal  of  the  Senate,  1870,  p.  31. 

334  Journal  of  the  Senate,  1870,  p.  36. 

335  A  copy  of  Senate  File,  No.  7,  as  introduced  by  Senator  Mur- 
ray may  be  found  in  the  Department  of  Public  Archives   (Des 
Moines). 

336  A  copy  of  Senate  File,  No.  18,  as  introduced  by  Senator 
Campbell  may  be  found  in  the  Department  of  Public  Archives  (Des 
Moines). 

337  Journal  of  the  Senate,  1870,  p.  69. 

338  Journal  of  the  Senate,  pp.  75,  93, 118, 120,  and  124-126. 

339  Daily  Iowa  State  Register,  Vol.  VIII,  No.  338,  February  3, 
1870. 

340  Senator  Patterson  submitted  the  following  facts  concerning 
Floyd  County: 

"There  are  in  Floyd  County  three  townships  lying  on  the  Shell 
Rock  River :  Rockgrove,  with  a  population  of  914,  Rockf ord,  with  a 
population  of  599,  and  Union,  with  a  population  of  831. —  There  are 
also  three  townships  lying  on  the  Cedar  River :  Floyd,  with  a  popu- 
lation of  1,267,  St.  Charles,  with  a  population  of  2,671,  and  River- 
ton,  with  a  population  of  776.  A  majority  of  the  townships  are  in 
the  west  side  of  the  county,  near  the  Shell  Rock." — Daily  Iowa 
State  Register  (Des  Moines),  Vol.  VIII,  No.  338,  February  3,  1870. 

341  Journal  of  the  Senate,  1870,  p.  126. 


376       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

342  Journal  of  the  House  of  Representatives,  1870,  p.  186. 

343  Laws  of  Iowa,  1870,  p.  187. 

344  Laws  of  Iowa,  1870,  p.  186. 

345  Laws  of  Iowa,  1870,  pp.  186, 187. 

346  Dubuque  Daily  Herald,  Vol.  XVI,  No.  5397,  February  5, 1870. 
The  following  editorial  entitled  The  Supervisor  System  also  ap- 
peared in  the  Dubuque  Daily  Herald: 

"The  voice  of  the  press  of  all  parties,  so  far  as  we  have  noticed, 
is  unanimous  against  the  bill  that  has  passed  the  senate  abolishing 
the  supervisor  system  and  re-establishing  the  old  county  commis- 
sioner system.  There  are  more  papers  in  the  state  than  there  are 
members  of  the  legislature,  and  we  believe  taken  as  a  whole  they 
are  better  exponents  of  public  opinion  in  their  several  localities. 
And  yet  we  see  the  entire  press  a  unit  against  the  bill  that  has 
passed  the  senate  and  is  now  pending  in  the  house. 

"At  the  same  time,  the  present  system  undoubtedly  needs  some 
amendments,  but  would  it  not  be  better  that  those  be  made  rather 
than  abolish  the  whole  system  and  adopt  one  which  is  much  more 
open  to  objection  and  faulty?" —  Dubuque  Daily  Herald,  Vol.  XVI, 
No.  5407,  February  17, 1870. 

347  Laws  of  Iowa,  1870,  p.  20. 

348  Laws  of  Iowa,  1870,  p.  37. 

349  Laws  of  Iowa,  1870,  p.  85. 

350  Laws  of  Iowa,  1870,  p.  87. 

351  Laws  of  Iowa,  1870,  p.  185. 

352  Laws  of  Iowa,  1870,  p.  229. 

353  Laws  of  Iowa,  1870,  pp.  37,  38. 

354  Laws  of  Iowa,  1870,  p.  85. 

355  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  Ill,  p.  377. 

356  See  above,  p.  64. 

857  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  IV,  p.  20. 


NOTES  AND  REFERENCES  377 

358  Laws  of  Iowa,  1872  (Public),  p.  1. 
S59Laws  of  Iowa,  1872  (Public),  p.  14. 

360  Laws  of  Iowa,  1872  (Public),  p.  33. 

361  Laws  of  Iowa,  1872  (Public),  p.  101. 

362  23  Iowa  531. 

363  Code  of  Iowa,  1873,  p.  132. 

364  Brindley's  History  of  Taxation  in  Iowa,  Vol.  I,  pp.  70,  71. 

365  Code  of  Iowa,  1873,  p.  161. 

366  Code  of  Iowa,  1873,  p.  163. 

367  Code  of  Iowa,  1873,  p.  163. 

368  Code  of  Iowa,  1873,  p.  164. 

369  Code  of  Iowa,  1873,  pp.  165, 166. 

370  Code  of  Iowa,  1873,  p.  168. 

371  Code  of  Iowa,  1873,  p.  168. 

372  Code  of  Iowa,  1873,  pp.  168, 169. 

373  Code  of  Iowa,  1873,  pp.  170-172. 

374  Code  of  Iowa,  1873,  p.  173. 

375  See  above,  p.  116. 

376  Code  of  Iowa,  1873,  p.  92. 

377  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  IV,  p.  99. 

378  Laws  of  Iowa,  1874,  p.  6. 

379  Laws  of  Iowa,  1874,  p.  14. 

380  Laws  of  Iowa,  1874,  p.  15. 

381  Laws  of  Iowa,  1874,  p.  35. 

382  Laws  of  Iowa,  1874,  p.  26. 

383  Code  of  Iowa,  1873,  p.  171. 

384  Laws  of  Iowa,  1876,  p.  17. 

385  Code  of  Iowa,  1873,  p.  172. 


378       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

386  Laws  of  Iowa,  1876,  p.  23. 

387  Code  of  Iowa,  1873,  pp.  52,  53. 

388  Laws  of  Iowa,  1876,  p.  66 ;  Laws  of  Iowa,  1872  (Public),  p.  1. 

389  Laws  of  Iowa,  1876,  p.  97. 

390  In  the  Department  of  Public  Archives  (Des  Moines). 

391  Shambaugh  's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  V,  p.  16. 

392  Code  of  Iowa,  1873,  p.  172. 

393  Laws  of  Iowa,  1878,  pp.  46,  47. 

394  Laws  of  Iowa,  1878,  p.  35. 

395  Shambaugh 's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  V,  pp.  80,  81. 

396  Laws  of  Iowa,  1880,  p.  28. 

397  Laws  of  Iowa,  1880,  pp.  38,  39. 

398  Laws  of  Iowa,  1880,  p.  44. 

399  Laws  of  Iowa,  1880,  p.  32. 

400  Laws  of  Iowa,  1880,  p.  85. 

401  Laws  of  Iowa,  1880,  pp.  128, 129. 

402  Laws  of  Iowa,  1880,  p.  155. 

403  Laws  of  Iowa,  1880,  p.  173. 

404  Department  of  Public  Archives  (Des  Moines). 

405  Shambaugh 's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  V,  p.  169. 

406  Shambaugh 's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  V,  pp.  247,  248. 

407  Journal  of  the  House  of  Representatives,  1882,  p.  286. 

408  Iowa  City  Weekly  Republican,  Vol.  43,  No.  15,  March  7,  1883. 

409  Journal  of  the  House  of  Representatives,  1882,  p.  511. 

410  Journal  of  the  House  of  Representatives,  1882,  p.  524. 

411  Journal  of  the  Senate,  1882,  pp.  75,  153. 


NOTES  AND  REFERENCES  379 

412  Journal  of  the  Senate,  1882,  p.  406. 

413  Laws  of  Iowa,  1882,  p.  52. 

414  Laws  of  Iowa,  1882,  p.  64. 

CHAPTER  VIII 

415  Iowa  City  Weekly  Republican,  Vol.  43,  No.  9,  January  17, 
1883. 

416  Iowa  City  Weekly  Republican,  Vol.  43,  No.  15,  March  7,  1883. 

417  The  Committee  on  Credentials  was  composed  of  John  Mahin 
of  Muscatine  County,  David  Leonard  of  Des  Moines  County,  J. 
Scott  Jenkins  of  Clinton  County,  W.  P.  Ketchum  of  Iowa  County, 
and  C.  L.  Jones  of  Butler  County.    The  Committee  on  Resolutions 
was  made  up  of  one  delegate  from  each  congressional  district.    It 
consisted  of  M.  L.  Crew  of  Henry  County,  representing  the  First 
District;  L.  F.  Parker  of  Scott,  Second  District;  Geo.  0.  Van  Bleck 
of  Butler,  Third  District;  Robert  Grant,  of  Clayton,  Fourth  Dis- 
trict; S.  D.  Pryce  of  Johnson,  Fifth  District;  Samuel  Gilfoy  of 
Keokuk,  Sixth  District;  B.  F.  Gue  of  Polk,  Seventh  District;  D.  F. 
Paul  of  Shelby,  Ninth  District;  W.  P.  Payne  of  Story,  Tenth  Dis- 
trict; and  J.  J.  Bruce  of  Pocahontas,  Eleventh  District.    Finally, 
the  Committee  on  Permanent  Organization  consisted  of  Judge  N.  B. 
Holbrook  of  Iowa;  Carey  R.  Smith  of  Johnson;  Professor  S.  A. 
Knapp  of  Story;  C.  L.  Jones  of  Butler  and  A.  Pearson  of  Wash- 
ington.—  Iowa  City  Weekly  Republican,  Vol.  43,  No.  15,  March  7, 
1883. 

418  In  the  Department  of  Public  Archives  (Des  Moines). 

419  The  following  memorial  was  submitted  by  certain  farmers  of 
"Warren  County: 

"Your  memorialists  beg  leave  to  represent  that  the  recommenda- 
tion of  the  Governor  to  make  all  Road  tax  to  be  paid  in  money  if 
adopted  would  without  doubt  be  increasing  the  Burden  of  Taxation 
by  making  the  payment  more  difficult  to  pay  than  it  now  is  the 
farmer  can  now  work  his  tax  after  Harvest  with  the  best  advantage 
to  the  Roads  and  to  himself  too  the  dry  season  being  conceeded  to 
be  the  right  time  to  make  roads. 

"The  adoption  of  said  recommendation  then  could  only  by  in- 


380       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

jurious  to  the  tax  payer  nor  can  it  be  shown  that  it  would  be  any 
benefit  to  the  Roads  beyond  what  the  Road  Laws  now  are. 

"The  same  may  be  said  of  every  proposition  made  by  the  State 
road  convention  and  its  committees  indeed  every  measure  they 
propose  would  require  greater  outlay  to  produce  better  or  even 
good  results  as  are  obtained  under  our  present  road  laws. 

"Why  should  the  tax  be  paid  in  Money  then  the  farmer  who  has  to 
pay  is  close  to  where  the  words  is  and  is  as  able  and  as  willing  and 
does  work  as  good  or  does  more  work  than  any  other  class  of  people 
and  to  save  that  money  paid  hands  will  do  better  work  under  the 
same  supervision  is  neither  reasonable  nor  true  nor  warranted  by 
known  facts.  We  ask  further  to  say  that  our  present  Road  Laws 
more  than  any  other  plan  named  by  leaving  the  road  management 
in  the  hands  of  the  People  of  the  Several  Townships  are  more  in 
accord  with  the  principles  of  justice  and  Liberty  and  the  require- 
ments of  Free  Government  than  the  suggestions  of  the  late  road 
convention  or  the  recommendation  of  the  governor  the  Liberty  to 
say  how  the  tax  shall  be  paid  and  the  election  of  Supervisors  being 
left  with  the  People  of  each  Township  when  it  should  be  and  now  is 
the  best  government  it  is  said  and  the  best  Laws  are  those  that  leave 
the  greatest  amount  of  Liberty  with  the  People  only  retaining 
injury  to  others.  We  can  not  close  without  reminding  you  as  the 
Hon.  Representatives  of  the  People  that  the  System  of  one  Super- 
visor only  in  each  Township  as  recommended  could  not  be  as  ad- 
vantageous as  the  present  system  of  having  five  or  six  small  dis- 
tricts with  a  man  to  supervise  each  because  there  is  a  Supervisor 
in  each  small  district  now  who  can  be  notified  easyer  of  any  and  is 
right  close  to  all  needed  Repairs  and  can  do  their  repairing  to  as 
much  greater  advantage  as  his  district  is  smaller  than  the  whole 
Township  this  is  just  as  true  as  the  declaration  that  six  men  can  do 
more  than  one. 

"We  will  then  in  conclusion  ask  that  you  give  heed  to  the  call  of 
human  rights  and  equal  justice  and  the  great  principle  of  free  Gov- 
ernment which  will  leave  the  road  Laws  and  management  as  they 
now  are  in  the  hands  of  the  People  and  not  under  the  control  of  a 
centralized  one  man  power  and  moneyed  Despotism. "  [Signed  by 
33  persons]. —  In  the  Department  of  Public  Archives  (Des  Moines). 

420  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  V,  pp.  308,  309. 


NOTES  AND  REFERENCES  381 

421  Laws  of  Iowa,  1884,  p.  12. 

422  Laws  of  Iowa,  1884,  p.  197. 

423  Laws  of  Iowa,  1884,  p.  217. 

424  Laws  of  Iowa,  1884,  p.  217. 

425  Laws  of  Iowa,  1884,  p.  218. 

426  Laws  of  Iowa,  1884,  p.  219. 

427  Laws  of  Iowa,  1886,  p.  13. 

428  Laws  of  Iowa,  1886,  p.  59. 

429  Laws  of  Iowa,  1886,  p.  108. 

430  Code  of  Iowa,  1873,  p.  172. 

431  Laws  of  Iowa,  1886,  p.  110. 

432  Proceedings  of  the  Iowa  Surveyors'  and  Civil  Engineers'  As- 
sociation, 1887,  pp.  13,  14. 

433  Laws  of  Iowa,  1888,  p.  130. 

434  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  VI,  pp.  170, 171. 

435  Laws  of  Iowa,  1890,  p.  6;  see  also  Laws  of  Iowa,  1888,  pp. 
19,  21. 

436  Laws  of  Iowa,  1890,  p.  34. 

437  Laws  of  Iowa,  1892,  p.  34. 

438  Laws  of  Iowa,  1892,  p.  71. 

439  Laws  of  Iowa,  1892,  p.  67. 

440  Laws  of  Iowa,  1892,  p.  102. 

441  Laws  of  Iowa,  1892,  p.  92. 

442  88  Iowa  617. 

443  Proceedings  of  the  Fifth  Annual  Convention  of  the  Iowa  So- 
ciety of  Civil  Engineers  and  Surveyors,  1893,  pp.  36-69,  especially 
pp.  57-62. 

444  An  article  on  Improvement  of  Highways,  by  C.  R.  Allen,  City 
Engineer  of  Ottumwa,  Iowa,  reprinted  from  the  Iowa  Capital  in  the 


382       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

Proceedings  of  the  Sixth  Annual  Convention  of  the  Iowa  Society  of 
Civil  Engineers  and  Surveyors,  1894,  pp.  27-34. 

445  A  strenuous  effort  was  made  to  secure  the  adoption  of  the 
following  bill,  which  was  submitted  by  the  Committee  on  High- 
ways in  the  Senate  as  a  substitute  for  Senate  File,  No.  9 : 
"Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

"SECTION  1.  The  township  trustees  of  each  township  shall  meet 
on  the  first  Monday  in  April,  and  on  the  first  Monday  in  September 
in  each  year.  At  the  September  meeting  said  trustees  shall  de- 
termine upon  the  amount  of  the  property  tax  to  be  levied  for  high- 
ways, bridges,  guide  boards,  plows,  scrapers,  tools  and  machinery 
adapted  to  the  construction  and  repair  of  highways,  and  for  the 
payment  of  any  indebtedness  previously  incurred  for  highway  pur- 
poses, and  levy  the  same,  which  shall  not  be  less  than  one  nor  more 
than  four  mills  on  the  dollar  on  the  amount  of  the  township  assess- 
ment for  that  year.  Road  taxes  levied  and  assessed  under  the  pro- 
visions of  this  act  shall  be  paid  in  money  to  the  county  treasurer  at 
the  time  of  the  payment  of  the  first  installment  of  other  taxes  as 
provided  by  law. 

"SEC.  2.  The  township  clerk  shall,  on  or  before  the  second  Mon- 
day in  October  in  each  year,  certify  to  the  county  auditor  the 
amount  of  the  levy  made  by  the  township  trustees  at  their  Septem- 
ber meeting  in  each  year. 

"SEC.  3.  The  board  of  supervisors  of  each  county  shall,  at  the 
time  of  levying  taxes  for  other  purposes,  levy  a  tax  of  one  mill  on 
the  dollar  of  the  assessed  value  of  the  taxable  property  in  their 
county,  which  tax  shall  be  collected  at  the  same  time  and  in  the 
same  manner  as  other  taxes  are  collected  and  shall  be  known  as  the 
county  road  fund,  and  shall  be  expended  under  the  direction  of  the 
board  of  supervisors  in  the  construction  and  maintenance  of  high- 
ways leading  from  the  trade  centers  located  within  the  county 
from  which  the  same  is  levied,  and  such  expenditures  shall  be  made 
as  near  as  may  be  so  as  to  give  each  township  contributing  to  such 
tax  the  benefit  of  the  tax  collected  therein. 

"SEC.  4.  The  board  of  supervisors  shall,  at  their  meeting  in 
January  of  each  year,  formally  designate  the  highways  leading 
from  the  trading  centers  to  be  improved  by  them  during  the  year 
following,  and  they  shall  extend  such  main  highways  from  year  to 


NOTES  AND  REFERENCES  383 

year  so  as  to  give  the  various  townships  of  the  county  the  benefit  of 
such  improvement. 

"SEC.  5.  Every  civil  township  or  part  thereof  lying  outside  of 
any  incorporated  town  or  city  shall  constitute  a  single  road  district. 

"SEC.  6.  The  board  of  trustees  of  each  township  shall,  at  their 
regular  meeting  on  the  first  Monday  in  September  of  each  year, 
appoint  a  highway  supervisor,  whose  duties  shall  be  to  superintend 
all  work  on  the  highways  under  and  by  direction  of  the  township 
trustees,  and  his  compensation  shall  be  fixed  by  the  trustees  as 
aforesaid,  not  to  exceed,  however,  the  sum  of  $2.50  per  day  for 
each  day  actually  employed  in  the  duties  of  his  office,  fractional 
parts  of  a  day  to  be  paid  for  pro  rata.  Said  highway  supervisor 
shall  hold  his  office  for  one  year  unless  removed  by  a  two-thirds  vote 
of  the  township  trustees. 

"SEC.  7.  The  township  trustees  shall  constitute  a  committee  to 
purchase  for  their  respective  townships  all  tools  and  implements 
to  be  used  on  such  highway  and  to  provide  for  the  custody  and  care 
of  the  same. 

"SEC.  8.  The  township  trustees  shall  have  power  to  let  by  con- 
tract, by  competitive  bidding,  all  work  upon  the  highway,  or  they 
may  authorize  the  said  highway  supervisor  to  employ  help  at  such 
compensation  as  such  trustees  may  fix. 

"SEC.  9.  Ten  hours  shall  constitute  a  day's  work  upon  the 
highway. 

"SEC.  10.  All  able-bodied  men  over  twenty-one  years  of  age  and 
under  forty-five  years  of  age  shall  pay  to  the  county  treasurer  at 
such  time  as  the  first  installment  of  other  taxes  are  payable  the 
sum  of  $2.00  each,  annually,  to  be  known  as  poll-tax  for  highway 
purposes. 

"SEC.  11.  The  township  clerk  shall  receive  from  the  county 
treasurer  all  moneys  collected  under  sections  one  and  ten  of  this 
act,  and  disburse  the  same  only  on  the  order  of  the  township  trus- 
tees, and  such  township  clerk  shall  receive  as  compensation  for 
receiving  and  disbursing  the  same  one-half  of  one  per  cent  of  all 
moneys  received  by  him.  The  bond  of  such  township  clerk  shall  be 
fixed  by  the  trustees  and  be  approved  by  the  board  of  supervisors. 

"SEC.  12.  The  board  of  supervisors  and  the  township  trustees 
shall  have  the  power  to  employ,  at  the  per  diem  now  fixed  by  law, 


384       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

the  county  surveyor  to  make  surveys  upon  public  highways  to  be 
graded,  improved  or  drained  by  them  under  the  provisions  of  this 
act ;  and  it  shall  be  the  duty  of  such  surveyor  to  make  such  surveys 
and  prepare  plans  and  specifications  for  such  road  improvements 
under  the  direction  of  said  board  of  supervisors  to  township  trus- 
tees. Said  surveyor  shall  be  paid  by  said  board  of  supervisors  out 
of  the  county  highway  fund  when  employed  by  them  and  by  the 
township  trustees  out  of  the  township  highway  fund  when  em- 
ployed by  them. 

"SEC.  13.  Every  county  in  this  state  shall  have  power  to  pur- 
chase or  take  and  hold  in  the  manner  provided  in  Chapter  4  of  the 
code  of  1873,  and  amendments  thereto,  lands  upon  which  gravel  beds 
or  stone  quarries  are  located,  for  the  purpose  of  securing  material 
for  the  improvement  and  maintenance  of  the  highways  located 
within  such  county  and  shall  pay  therefor  the  purchase  price  or 
damages  adjudged  for  the  taking  of  such  property  under  condemna- 
tion proceedings  out  of  the  one  mill  road  tax  provided  herein.  The 
board  of  supervisors  of  each  county  shall  have  the  power  to  make 
such  purchase  for  such  county  or  shall  institute  the  proceedings 
necessary  for  such  condemnation  in  the  name  of  the  county. 

"SEC.  14.  All  powers  heretofore  delegated  by  law  to  road  super- 
visors are  hereby  vested  in  the  township  trustees  of  the  respective 
townships. 

"SEC.  15.  That  all  property  now  subject  to  taxation  in  any  city 
or  town  which  by  law  is  not  subject  to  taxation  for  general  munic- 
ipal purposes  shall  nevertheless  be  liable  to  taxation  for  road  pur- 
poses as  may  be  provided  by  the  council  of  such  city  or  town,  but 
not  exceeding  the  rate  of  four  mills  upon  the  dollar  of  the  assessed 
valuation  thereof,  and  all  personal  property,  necessary  for  the  use 
and  cultivation  of  agricultural  or  horticultural  lands  shall  be 
liable  for  such  road  taxes  but  shall  not  be  liable  for  any  other  city 
tax  or  assessments. 

"SEC.  16.  This  act  shall  be  binding  and  in  force  from  and  after 
its  publication ;  but  shall  not  interfere  with  the  duties  of  the  town- 
ship trustees  as  provided  by  Section  969  of  the  code  of  1873,  or  of 
the  duties  of  road  supervisors  as  now  by  law  provided,  until  Sep- 
tember 1,  1894,  and  all  moneys  in  the  hands  of  the  road  supervisors 
unexpended  on  the  first  day  of  September,  1894,  shall  be  turned 


NOTES  AND  REFERENCES  385 

over  to  the  township  clerk  who  shall  give  his  receipt  therefor,  and 
said  money  shall  be  subject  to  the  order  of  the  township  trustees 
for  highway  purposes. 

"SEC.  17.  That  Sections  969  and  975  of  the  code  of  1873,  and 
Sections  1,  4  and  5  of  Chapter  200  of  the  acts  of  the  Twentieth 
General  Assembly  and  Section  1  of  Chapter  158  of  the  acts  of  the 
Nineteenth  General  Assembly  be  and  the  same  are  hereby  repealed, 
and  all  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. " — Copy  of  the  bill  found  in  Proceedings  of  the  Sixth 
Annual  Convention  of  the  Iowa  Society  of  Civil  Engineers  and 
Surveyors,  1894,  pp.  38-41. 

446  Laws  of  Iowa,  1874,  p.  26. 

447  Laws  of  Iowa,  1894,  p.  32. 

448  Laws  of  Iowa,  1884,  pp.  217-220. 

449  Laws  of  Iowa,  1894,  p.  34. 

450  Laws  of  Iowa,  1894,  pp.  33,  34. 
«i  90  Iowa  185-189. 

452  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  VII,  pp.  109,  110. 

453  Laws  of  Iowa,  1896,  p.  45. 

454  Laws  of  Iowa,  1896,  p.  46. 

455  Laws  of  Iowa,  1896,  p.  51. 

456  Laws  of  Iowa,  1896,  p.  52. 
4^  Laws  of  Iowa,  1896,  p.  76. 

458  Laws  of  Iowa,  1896,  p.  45. 

459  Laws  of  Iowa,  1896,  p.  46. 

460  Laws  of  Iowa,  1884,  p.  217. 
461 100  Iowa  131. 

4«2  60  N.  W.  Reporter  266. 

463  See  above,  pp.  163-169. 

464  Code  of  Iowa,  1897,  p.  554. 

25 


386       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

465  Code  of  Iowa,  1897,  p.  565. 

466  Code  of  Iowa,  1897,  p.  570. 

467  Code  of  Iowa,  1897,  p.  571. 

468  Laws  of  Iowa,  1884,  p.  217. 

469  Laws  of  Iowa,  1898,  p.  104. 

470  Laws  of  Iowa,  1898,  p.  23. 

471  Laws  of  Iowa,  1898,  p.  29. 

472  Shambaugh's  Messages  and  Proclamations  of  the  Governors  of 
Iowa,  Vol.  VII,  pp.  332,  333. 

473  Laws  of  Iowa,  1900,  p.  97. 
4T4  Laws  of  Iowa,  1902,  p.  24. 

475  Laws  of  Iowa,  1902,  p.  30. 

476  Laws  of  Iowa,  1902,  p.  40. 

477  Laws  of  Iowa,  1902,  p.  48. 

478  Laws  of  Iowa,  1902,  p.  49. 

479  Laws  of  Iowa,  1902,  p.  50. 

480  See  above,  p.  100. 

481  Laws  of  Iowa,  1902,  p.  31. 

482  See  above,  p.  93. 

488  Paper  by  Professor  C.  F.  Curtiss  on  Good  Roads  in  the  Pro- 
ceedings of  the  Fifteenth  Annual  Meeting  of  the  Iowa  Engineering 
Society,  1903,  p.  10. 

CHAPTER  IX 

484  In  the  files  of  the  Iowa  State  Highway  Commission  (Ames). 

485  Journal  of  the  House  of  Representatives,  1904,  p.  578. 

486  Journal  of  the  House  of  Representatives,  1904,  pp.  1290, 1291. 

487  Laws  of  Iowa,  1904,  p.  108. 

488  In  the  files  of  the  Iowa  State  Highway  Commission  (Ames). 

489  Journal  of  the  House  of  Representatives,  1904,  p.  196. 


NOTES  AND  KEFERENCES  387 

490  The  Register  and  Leader  (Des  Moines),  No.  620,  March  12, 
1904. 

491  Journal  of  the  House  of  Representatives,  1904,  pp.  693,  694 ; 
Journal  of  the  Senate,  1904,  p.  835. 

492  Laws  of  Iowa,  1904,  p.  43. 

493  Laws  of  Iowa,  1904,  p.  44. 

494  Laws  of  Iowa,  1904,  p.  66. 

495  Laws  of  Iowa,  1904,  p.  67. 

496  The  Good  Roads  Problem  in  Iowa,  Vol.  II,  Bulletin  No.  6, 
Engineering  Experiment  Station  of  the  Iowa  State  College,  p.  75. 

497  See  above,  p.  74. 

498  Manual  for  Iowa  Highway  Officers,  by  the  State  Highway 
Commission,  1905,  p.  4.      . 

499  Manual  for  Iowa  Highway  Officers,  by  the  State  Highway 
Commission,  1905,  p.  35. 

500  Proceedings  of  the  Iowa  Good  Roads  Association,  June  15  and 
16,  1905,  p.  6. 

501  Proceedings  of  the  Iowa  Good  Roads  Association,  June  15  and 
16,  1905,  pp.  9,  15. 

502  Proceedings  of  the  Iowa  Good  Roads  Association,  June  15  and 
16,  1905,  p.  28. 

503  Proceedings  of  the  Iowa  Good  Roads  Association,  June  15  and 
16, 1905,  p.  46. 

504  Proceedings  of  the  Iowa  Good  Roads  Association,  June  15  and 
16,  1905,  p.  47. 

505  ]?irst  Annual  Report  of  the  Iowa  State  Highway  Commission, 
1905,  p.  5. 

soe  Proceedings  of  the  Iowa  Good  Roads  Association,  June  15  and 
16,  1905,  p.  2. 

507  Journal  of  the  House  of  Representatives,  1906,  pp.  95,  96. 

508  Journal  of  the  House  of  Representatives,  1906,  p.  114 ;  House 
File,  No.  39. 


388       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

509  Journal  of  the  House  of  Representatives,  1906,  p.  56 ;  House 
File,  No.  13. 

810  Journal  of  the  House  of  Representatives,  1906,  p.  758 ;  House 
File,  No.  379. 

511  Journal  of  the  Senate,  1906,  p.  528 ;  Senate  File,  No.  252. 

512  Journal  of  the  Senate,  1906,  p.  42 ;  Senate  File,  No.  6. 

513  The  Register  and  Leader,  56th  year,  No.  193,  January  12, 1906. 

514  Journal  of  the  Senate,  1906,  p.  53 ;  Senate  File,  No.  19. 

515  The  Register  and  Leader,  56th  year,  No.  193,  January  12, 1906. 

516  Laws  of  Iowa,  1906,  p.  38. 

517  The  Register  and  Leader,  56th  year,  No.  213,  February  6, 1906. 

518  Proceedings  of  the  Iowa  Good  Roads  Association,  February  7 
and  8,  1906,  pp.  6-8. 

519  proceedings  of  the  Iowa  Good  Roads  Association,  February  7 
and  8,  1906,  pp.  28,  29. 

520  Proceedings  of  the  Iowa  Good  Roads  Association,  February  7 
and  8,  1906,  pp.  31,  32. 

521  Proceedings  of  the  Iowa  Good  Roads  Association,  February  7 
and  8,  1906,  p.  33. 

522  The  following  resolutions  were  adopted : 

"WHEREAS,  We  the  members  and  visitors  in  attendance  at  the 
Good  Roads  Convention  now  being  held  in  the  City  of  Des  Moines 
are  in  hearty  accord  with  the  efforts  being  put  forth  by  the  various 
state  and  county  officers,  and  by  many  local  organizations  as  well 
as  private  citizens.  And  that  to  further  show  our  interest  and 
support  in  their  efforts, 

"BE  IT  RESOLVED:  First,  That  we  heartily  approve  of  the  law 
just  passed  by  the  present  Legislature  authorizing  the  use  of  the 
road  drag  on  our  highways,  and  recommend  that  township  trustees 
and  others  add  a  sufficient  number  of  them  to  their  outfit  of  road 
machinery  and  to  insist  on  their  use,  and  we  also  recommend  that 
the  use  of  wide-tired  wagons  be  encouraged. 

"Second.  That  the  township  road  levy  be  made  three  mills  and 
be  used  for  maintenance  purposes  under  the  direction  of  the  town- 


NOTES  AND  REFERENCES  389 

ship  trustees,  who  shall  also  collect  and  use  the  poll  tax  of  the 
township. 

* '  Third.  That  the  county  road  levy  be  made  two  mills  instead  of 
one,  and  that  this  fund  be  used  for  construction  and  emergency 
work  under  the  direction  of  the  Board  of  Supervisors  in  a  system- 
atic manner  and  that  such  portion  thereof  as  is  paid  by  property 
within  any  city  or  incorporated  town  shall  be  expended  upon  the 
business  streets  within,  and  upon  the  main  thoroughfares  connect- 
ing with,  and  leading  from  said  city  or  town,  and  that  the  law  shall 
be  amended  so  that  it  shall  be  the  duty  of  the  Board  of  Supervisors 
to  designate  from  time  to  time  such  streets  and  main  thoroughfares 
as  county  roads  and  the  same  shall  thereafter  be  subject  to  im- 
provement. 

"That  such  portion  of  said  tax  as  arises  from  property  within 
the  county  shall  be  expended  in  the  extension  of  the  work  on  such 
main  thoroughfares  and  tributaries  thereto  extending  through  the 
townships  contributing  the  same. 

"Fourth.  Be  it  further  resolved  that  this  convention  endorse 
the  work  now  being  done  by  the  State  Highway  Commission,  and 
we  recommend  that  its  work  be  continued,  and  that  sufficient  ap- 
propriation be  made  by  the  Legislature  for  continued  work  along 
the  line  for  which  it  was  organized,  and  that  its  bulletins  and  re- 
ports be  published  and  distributed  as  public  documents. 

"Fifth.  Be  it  further  resolved  that  the  thanks  of  this  Conven- 
tion be  extended  to  the  Des  Moines  Commercial  Club  for  the  use  of 
its  rooms  and  for  courtesies  shown  our  number  and  that  copies  of 
these  resolutions  be  placed  on  the  records  of  this  association,  and 
furnished  the  papers  of  Des  Moines,  and  the  Clerk  of  each  branch 
of  the  Legislature. ' ' —  In  the  files  of  the  Iowa  State  Highway  Com- 
mission (Ames). 

523  Journal  of  the  House  of  Representatives,  1907,  p.  110. 

524  Journal  of  the  House  of  Representatives,  1907,  p.  287. 

525  Journal  of  the  House  of  Representatives,  1907,  p.  333. 

526  Journal  of  the  House  of  Representatives,  1907,  pp.  343-346 ; 
Journal  of  the  Senate,  1907,  p.  410. 

527  Journal  of  the  House  of  Representatives,  1907,  p.  124. 


390       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

528  Journal  of  the  House  of  Representatives,  1907,  p.  338. 

529  Journal  of  the  House  of  Representatives,  1907,  p.  424. 

530  Journal  of  the  House  of  Representatives,  1907,  p.  620. 

531  The  Register  and  Leader,  Vol.  57,  No.  251,  March  10,  1907. 

632  Journal  of  the  Senate,  1907,  p.  856 ;  Journal  of  the  House  of 
Representatives,  1907,  p.  712. 

533  The  Register  and  Leader,  Vol.  57,  No.  245,  March  4,  1907. 

534  House  File,  No.  346,  by  Darrah. 

535  Journal  of  the  House  of  Representatives,  1907,  p.  1221. 

536  Laws  of  Iowa,  1907,  p.  28. 

537  Laws  of  Iowa,  1907,  p.  71. 

538  Laws  of  Iowa,  1907,  pp.  71,  72. 

539  Laws  of  Iowa,  1907,  pp.  72,  73. 

540  Laws  of  Iowa,  1907,  pp.  73,  102. 

541  Laws  of  Iowa,  1907,  pp.  73,  291. 

542  The  following  is  a  brief  summary  of  the  recommendations 
made  along  this  line  by  the  State  Highway  Commission : 

"The  increase  of  the  duties  and  powers  of  the  Highway  Com- 
mission, consistent  with  the  evident  need  and  field  of  usefulness  in 
the  state  of  such  a  department. 

1 '  The  establishment  of  the  office  of  county  engineer  who  shall  be 
qualified  to  take  charge  of  all  county  road  and  bridge  construction 
and  maintenance. 

"An  adequate  bridge  law  that  will  provide  real  competition  for 
county  contracts  and  protect  both  the  county  and  the  contractor. 

"The  concentration  of  more  of  the  road  funds  under  the  county 
supervisors  to  provide  an  adequate  building  fund. 

"A  mandatory  road  drag  law  providing  for  the  consistent  drag- 
ging of  all  main  roads  and  rural  routes. 

"An  act  based  somewhat  on  the  Michigan  law  providing  for  a 
state  reward  which  shall  be  paid  to  counties  or  townships  for  road 
construction  under  plans  and  specifications  prepared  by  the  High- 
way Commission.  The  reward  should  aggregate  one-third  to  one- 
half  the  cost  of  the  improvement. 


NOTES  AND  REFERENCES  391 

"A  provision  inaugurating  tree  planting  and  the  destruction  of 
roadside  weeds. 

"An  act  collecting  an  annual  tax  from  automobile  owners,  this 
tax  to  be  set  aside  for  use  by  the  Highway  Commission  in  encour- 
aging road  improvement,  and  for  offering  rewards  for  improved 
road  construction." — Third  Annual  Report  of  the  Iowa  State 
Highway  Commission,  1907-1908,  p.  34. 

543  Third  Annual  Report  of  the  Iowa  State  Highway  Commission, 
1907-1908,  pp.  22,  23. 

544  Third  Annual  Report  of  the  Iowa  State  Highway  Commission, 
1907-1908,  p.  32. 

545  Journal  of  the  House  of  Representatives,  1909,  p.  125. 

546  Journal  of  the  House  of  Representatives,  1909,  pp.  185, 186. 

547  House  File,  No.  47,  introduced  by  Bonwell. 

548  Journal  of  the  House  of  Representatives,  1909,  p.  239 ;  House 
File,  No.  137,  1909,  introduced  by  Fulliam. 

549  Journal  of  the  House  of  Representatives,  1909,  p.  735 ;  House 
File,  No.  395,  introduced  by  the  Committee  on  Roads  and  Highways. 

550  Journal  of  the  House  of  Representatives,  1909,  pp.  437,  559. 

551  House  File,  No.  275,  introduced  by  Hackler. 

552  House  File,  No.  327,  introduced  by  Corrie. 

553  Journal  of  the  House  of  Representatives,  1909,  p.  395. 

554  Journal  of  the  Senate,  1909,  p.  179 ;  Senate  File,  No.  71,  intro- 
duced by  Allen ;  also  Journal  of  the  House  of  Representatives,  1909, 
p.  200 ;  and  House  File,  No.  83,  introduced  by  Perkins. 

555  Journal  of  the  Senate,  1909,  pp.  156,  269. 

556  Journal  of  the  Senate,  1909,  p.  521 ;  Senate  File,  No.  264,  in- 
troduced by  Balkema. 

557  Journal  of  the  Senate,  1909,  p.  245;  Senate  File,  No.  119,  in- 
troduced by  Larrabee. 

558  The  Register  and  Leader,  Vol.  59,  No.  240,  February  27,  1909. 

559  House  File,  No.  5,  introduced  by  Zeller. 


392       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

560  Journal  of  the  House  of  Representatives,  1909,  p.  279. 

561  Journal  of  the  Senatef  1909,  p.  679. 

562  Journal  of  the  Senate,  1909,  p.  400. 

563  Laws  of  Iowa,  1909,  p.  81. 

564  Laws  of  Iowa,  1909,  p.  82. 

565  Laws  of  Iowa,  1909,  p.  88. 

566  Laws  of  Iowa,  1909,  p.  91. 

567  Laws  of  Iowa,  1909,  p.  91. 

568  Laws  of  Iowa,  1909,  p.  92. 

569  Laws  of  Iowa,  1909,  pp.  93,  94. 

570  Laws  of  Iowa,  1909,  p.  92. 

571  Laws  of  Iowa,  1909,  p.  83. 

572  "The  vote  on  the  motion  to  strike  out  that  section  of  the  reso- 
lution referring  to  the  office  of  county  engineer  was  carried,  ayes, 
315;  nays,  168". —  In  the  Files  of  Iowa  State  Highway  Commission 
(Ames). 

In  this  connection  it  may  be  noted  that  charges  were  made  at 
the  time  of  this  convention  that  certain  bridge  companies  had  pro- 
vided hotel  accommodations  for  a  number  of  local  officials  who  were 
delegates  to  the  convention. 

573  The  Register  and  Leader,  Vol.  60,  No.  252,  March  10,  1910. 

574  In  the  files  of  the  Iowa  State  Highway  Commission  (Ames). 
675  See  below,  p.  269. 

576  In  the  files  of  the  Iowa  State  Highway  Commission  (Ames). 

577  The  Register  and  Leader,  Vol.  61,  No.  181,  December  29, 1910. 

578  In  the  files  of  the  Iowa  State  Highway  Commission  (Ames). 

579  In  the  files  of  the  Iowa  State  Highway  Commission  (Ames). 

580  In  the  files  of  the  Iowa  State  Highway  Commission  (Ames). 

581  For  instance  letters  were  sent  out  to  county  supervisors  con- 
taining the  following  list  of  questions  for  the  purpose  of  arousing 
opposition  to  the  work  of  the  State  Highway  Commission  and  the 
good  roads  bills  then  pending  before  the  General  Assembly : 


NOTES  AND  REFERENCES  393 

"Des  Moines,  Iowa,  Feb.  4,  1911. 
1 ' Dear  Sir:—- 

"Your  legislative  committee,  appointed  at  the  last  meeting  of  the 
Iowa  Association  of  Supervisors,  have  met  and  secured  a  copy  of 
the  various  road  and  bridge  laws  introduced  in  this  session  of  the 
General  Assembly.  Before  we  appear  before  the  Committee,  on 
Roads  and  Highways  in  the  House  and  Senate,  we  wish  to  have  the 
opinion  of  all  the  Supervisors  in  the  State  on  the  following  ques- 
tions. The  following  sections  are  taken  from  the  Whitney  bill, 
House  File  No.  131,  repealing  all  our  present  bridge  and  road 
laws. 

"Sec.  1  to  17  provides  for  the  reorganization  of  the  township,  the 
levying  of  taxes,  etc.  Are  you  in  favor  of  this  ? 

"Sec.  8,  Line  5,  Page  4,  provides  for  paying  the  township  trustees 
out  of  the  General  County  Fund.  Do  you  want  this  done  ? 

"Sec.  17,  Line  3,  Page  6,  provides  for  dividing  the  road  fund  in 
two  equal  parts  for  1911,  one  half  to  be  used  for  dragging,  the  other 
half  to  be  used  for  building  roads.  Do  you  want  this  done  ? 

"Sec.  46,  Line  9  to  16  inclusive,  Page  16,  provides  for  paying  for 
road  demonstrations  out  of  the  General  County  Fund.  Do  you 
want  this  done  ? 

"Sec.  53  provides  that  the  County  Engineer  shall  make  all  surveys 
of  roads  and  prepare  plats  and  profiles,  also  detail  plans  and  draw 
specifications,  for  each  bridge  and  each  culvert,  and  the  Board 
must  let  the  contracts  in  accordance  therewith.  Do  you  approve  of 
this  method? 

"Sec.  56  provides  for  advertising  for  bids  for  all  bridges  of  cer- 
tain size,  culverts  and  road  work  for  two  weeks  and  for  the  letting  of 
the  contract  ten  days  later,  making  a  total  of  twenty-four  days,  ex- 
clusive of  the  time  consumed  by  the  engineer  in  preparing  the 
plans;  and  further  provides  in  case  bids  are  not  satisfactory  the 
work  must  be  re-advertised  for  the  same  length  of  time.  Do  you 
think  this  is  a  practical  way  of  letting  contracts  for  such  work  ? 

' '  Sec.  61,  provides  that  the  contract  be  let  to  the  lowest  responsible 
bidder,  and  Sec.  74  provides  that  in  case  of  a  dispute  between  the 
Board  and  the  Engineer  as  to  whom  is  competent,  or  any  other 
matter,  it  must  be  referred  to  the  State  Highway  Commission 
whose  decision  is  final.  In  your  opinion,  should  the  work  go  to  the 


394       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

lowest  bidder  or  in  case  of  a  dispute  between  the  Board  and  the 
County  Engineer,  should  the  Highway  Commission  have  the  author- 
ity to  decide  who  was  competent  ? 

"Sec.  70  provides  for  creating  the  office  of  County  Highway  En- 
gineer, specifying  his  qualifications  and  term  of  office.  Sec.  72  pro- 
vides that  his  salary  shall  be  not  less  than  $1500  nor  more  than 
$2500  per  year,  with  all  necessary  expenses.  Are  you  in  favor  of 
creating  a  high  salaried  office  to  be  filled  by  some  one  not  a  resident 
or  an  officer  of  your  county  and  thereby  cause  the  expenditure  of 
one-fourth  and  perhaps  one-half  of  the  entire  fund  from  the  tax 
levied  and  collected  to  build  and  maintain  your  roads? 

"Would  you  be  in  favor  of  making  an  additional  levy  to  cover 
this  expense  ? 

* '  The  Highway  Commission  has  been  in  existence  six  years,  with 
an  appropriation  of  $5000  per  year.  Do  you  think  they  have  ac- 
complished enough  good  to  justify  this  expenditure  ? 

"Are  you  in  favor  of  a  State  Highway  Commission  (an  ap- 
pointive office)  in  any  form,  that  takes  the  authority  away  from  the 
Board  of  Supervisors,  who  are  elected  by  the  people  ? 

"Are  you  in  favor  of  the  passage  of  the  bill  House  File  No.  131, 
known  as  Whitney  bill,  or  any  similar  bill  ? ' ' 

582  Journal  of  the  House  of  Representatives,  1911,  p.  229 ;  House 
File,  No.  131,  introduced  by  Whitney. 

583  Journal  of  the  House  of  Representatives,  1911,  p.  400 ;  House 
File,  No.  264,  introduced  by  Fourt. 

584  Journal  of  the  House  of  Representatives,  1911,  p.  167 ;  House 
File,  No.  27,  introduced  by  Kulp. 

585  Journal  of  the  Senate,  1911,  p.  211 ;  Senate  File,  No.  116,  in- 
troduced by  Balkema. 

586  Journal  of  the  Senate,  1911,  p.  51 ;  Senate  File,  No.  8. 

587  Journal  of  the  House  of  Representatives,  1911,  p.  1116 ;  House 
File,  No.  529,  introduced  by  the  Highway  Committee. 

588  House  File,  No.  529,  introduced  by  the  Highway  Committee. 

589  The  Register  and  Leader,  Vol.  61,  No.  262,  March  20, 1911. 

590  The  Register  and  Leader,  Vol.  61,  No.  274,  April  1, 1911. 


NOTES  AND  REFERENCES  395 

591  The  Register  and  Leader,  Vol.  61,  No.  280,  April  7, 1911. 

592  House  File,  No.  27,  introduced  by  Kulp. 

593  Laws  of  Iowa,  1911,  pp.  69,  70,  76. 

594  The  Register  and  Leader,  Vol.  61,  No.  200,  January  17, 1911. 

595  The  Register  and  Leader,  Vol.  61,  No.  235,  February  21, 1911. 

596  The  Register  and  Leader,  Vol.  61,  No.  238,  February  24, 1911. 

597  Journal  of  the  House  of  Representatives,  1911,  p.  175 ;  House 
File,  No.  46,  introduced  by  Cunningham ;  Laws  of  Iowa,  1911,  p.  65. 

598  Laws  of  Iowa,  1911,  pp.  66,  67. 

599  Des  Moines  Daily  Capital,  February  19,  1912. 

600  In  the  files  of  the  Iowa  State  Highway  Commission  (Ames). 

601  Des  Moines  Daily  Capital,  March  16,  1912.    Supervisor  J.  H. 
Mathis  resigned  before  his  case  came  to  trial,  and  his  example  was 
followed  by  Frank  T.  Morris. 

602  The  Clinton  Daily  Advertiser,  Vol.  39,  No.  2,  April  15,  1912. 

603  The  Register  and  Leader,  Vol.  63,  No.  66,  September  6, 1912. 

CHAPTER  X 

604  According  to  The  Des  Moines  Evening  Tribune  of  June  21, 
1912,  "the  United  States  is  estimated  to  be  paying  out  about  $1,- 
000,000  a  day,  in  different  jurisdictions,  for  road  improvement.    It 
authoritatively  is  estimated  that  about  one-half  of  this  sum  is 
utterly  wasted. ' '    While  this  estimate  of  the  amount  of  money  now 
being  expended  for  roads  is  obviously  exaggerated,  one  is  not  so 
sure  that  the  same  can  be  said  regarding  the  estimate  of  the  sum 
being  wasted  under  present  systems  of  road  administration. 

605  Logan  Waller  Page  on  the  Progress  and  Present  Status  of  the 
Good  Roads  Movement  in  the  United  States  in  the  Yearbook  of  the 
Department  of  Agriculture,  1910,  p.  265. 

Goe  page  's  Progress  and  Present  Status  of  the  Good  Roads  Move- 
ment in  the  United  States  in  the  Yearbook  of  the  Department  of 
Agriculture,  1910,  p.  268. 

607  Page's  Progress  and  Present  Status  of  the  Good  Roads  Move- 


396       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

ment  in  the  United  States  in  the  Yearbook  of  the  Department  of 
Agriculture,  1910,  p.  270. 

608  Jenks's  Road  Legislation  for  the  American  State  in  the  Pub- 
lications of  the  American  Economic  Association,  Vol.  IV,  No.  3, 
p.  10. 

609  Jenks's  Road  Legislation  for  the  American  State  in  the  Pub- 
lications of  the  American  Economic  Association,  Vol.  IV,  No.  3, 
p.  43. 

610  Jenks's  Road  Legislation  for  the  American  State  in  the  Pub- 
lications of  the  American  Economic  Association,  Vol.  IV,  No.  3, 
pp.  23,  24. 

611  Page's  Highway  Improvements,  to  be  published  in  the  Amer- 
ican Yearbook,  1911. 

612  Page's  Highway  Improvements,  to  be  published  in  the  Amer- 
ican Yearbook,  1911. 

613  Maurice  0.  Eldridge  on  Public  Road  Mileage,  Revenues,  and 
Expenditures  in  the  United  States,  United  States  Department  of 
Agriculture,  Office  of  Public  Roads  —  Bulletin,  No.  32,  pp.  8,  9. 

614  Page's  Highway  Improvements,  to  be  published  in  the  Amer- 
ican Yearbook,  1911. 

615  Valuable  data  along  this  line  has  been  prepared  by  Logan 
Waller  Page,  Director  of  Office  of  Public  Roads,  United  States  De- 
partment of  Agriculture. 

616  Jenks's  Road  Legislation  for  the  American  State  in  the  Pub- 
lications of  the  American  Economic  Association,  Vol.  IV,  No.  3, 
pp.  25,  26. 

617  Report  of  the  State  Engineer  of  California,  1908-1910,  pp. 
5,6. 

618  Third  Report  of  the  Illinois  Highway  Commission,  1908-1909, 
pp.  13,  15. 

619  State  Highway  Department  of  Maine,  1909,  Bulletin,  No.  2, 
on  Road  Administration,  p.  3. 

620  Report  of  the  Special  Joint  Committee  on  Highways  of  the 
Wisconsin  Legislature,  1910,  pp.  9, 19. 


NOTES  AND  REFERENCES          397 
APPENDIX 

621  General  Laws  of  Alabama,  1911,  pp.  223-234. 

622  Code  of  Alabama,  Vol.  II,  Civil,  1907,  p.  1349. 

623  Session  Laws  of  the  Territory  of  Arizona,  1909,  p.  241. 

624  Revised  Statutes  of  Arizona,  1901,  pp.  995-1010. 

625Kirby's  Digest  of  the  Statutes  of  Arkansas,  1904,  pp.  1502- 
1523. 

626  Acts  of  Arkansas,  1907,  pp.  568-586. 

627  Acts  of  Arkansas,  1911,  pp.  209-226. 

628  The  Statutes  of  California,  1907,  pp.  225-230. 
«29  The  Statutes  of  California,  1907,  pp.  806-819. 

630  Report  of  the  State  Engineer  of  California,  1908-1910,  p.  6. 

631  Session  Laws  of  Colorado,  1909,  pp.  154-161. 

632  Public  Acts  of  Connecticut,  1905,  pp.  432-436 ;  1909,  pp.  1021, 
1022. 

633  Public  Acts  of  Connecticut,  1907,  pp.  885-890. 

634  Laws  of  Delaware,  1904-1905,  pp.  232-240. 

635  General  Statutes  of  the  State  of  Florida,  1906,  pp.  411-418. 

636  Laws  of  Florida,  1909,  p.  26. 

637  Laws  of  Florida,  1911,  pp.  167-174. 

638  Code  of  the  State  of  Georgia,  1911,  pp.  171-213. 

639  The  Revised  Codes  of  Idaho,  Vol.  I,  Political  and  Civil,  1908, 
pp.  522-527. 

640  Session  Laws  of  Idaho,  1911,  p.  168. 

«41  Revised  Statutes  of  the  State  of  Illinois,  1909,  pp.  1911-1983. 

642  Burn's  Annotated  Indiana  Statutes,  Revision  of  1908,  Vol. 
Ill,  pp.  7648-7815. 

643  Laws  of  Kansas,  1911,  pp.  448-468. 

644  Russell's  Statutes  of  Kentucky,  1908,  pp.  1321-1358. 

645  Acts  of  the  State  of  Louisiana,  1910,  pp.  74r-83. 


398       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 

646  "Wolff's  Constitution  and  Revised  Laws  of  Louisiana,  1904, 
Vol.  II,  pp.  1724-1735. 

647  Laws  of  Maine,  1907,  pp.  118-129 ;  also  Laws  of  Maine,  1909, 
pp.  65-75. 

648  Laws  of  Maryland,  1908,  pp.  247-258. 

649  Revised  Laws  of  Massachusetts,  1902,  pp.  484-490. 

650  Public  Acts  of  Michigan,  1909,  pp.  544-642. 

651  Public  Acts  of  Michigan,  1907,  pp.  339-341. 

652  Laws  of  Minnesota,  1905,  pp.  198-202. 

653  Laws  of  Minnesota,  1907,  pp.  707,  708. 

654  Mississippi  Code  of  1906,  pp.  1201-1219. 

655  Laws  of  Mississippi,  1910,  p.  145. 

656  Laws  of  Missouri,  1909,  pp.  727-770. 

657  Laws  of  Missouri,  1911,  p.  371. 

658  Revised  Code  of  Montana,  1907,  pp.  373-402. 

659  The  Compiled  Statutes  of  Nebraska,  Fifteenth  Edition,  1911, 
pp.  1689-1736. 

660  Laws  of  Nebraska,  1911,  p.  404. 

661  Compiled  Laws  of  Nevada,  1861-1900,  pp.  102-112. 

662  Laws  of  New  Hampshire,  1905,  pp.  421^426 ;  also  Laws  of 
New  Hampshire,  1909,  pp.  532-535. 

663  Laws  of  New  Hampshire,  1907,  pp.  57-59. 

664  General  Statutes  of  New  Jersey,  1709-1895,  Vol.  Ill,  p.  2902. 
ess  Laws  of  New  Mexico,  1909,  pp.  107-109. 

666  Laws  of  New  Mexico,  1905,  pp.  344-354. 

667  Laws  of  New  York,  1908,  Vol.  II,  pp.  941-985. 

668  Laws  of  New  York,  1908,  Vol.  II,  p.  928. 

669  Pell's  Revisal  of  North  Carolina,  1908,  Vol.  I,  pp.  1423-1451. 
67<)  Laws  of  North  Dakota,  1909,  p.  158. 

67i  Laws  of  North  Dakota,  1911,  pp.  236-239. 


NOTES  AND  REFERENCES  399 

672  Page  and  Adams's  Annotated  General  Code  of  Ohio,  Vol.  I, 
pp.  417-450. 

673  Session  Laws  of  Oklahoma,  1910-1911,  p.  221. 

674  Compiled  Laws  of  Oklahoma,  1909,  pp.  1562-1593. 

675  Laws  of  Oregon,  1909,  pp.  295,  296. 

676  General  Laws  of  Oregon,  1911,  pp.  265-278. 

677  Laws  of  Pennsylvania,  1911,  pp.  468-533. 

678  General  Laws  of  Rhode  Island,  1909,  pp.  322-325. 

679  Code  of  South  Carolina,  1902,  Vol.  I,  pp.  505-531. 

680  Acts  of  South  Carolina,  1909,  pp.  158-161. 

681  Compiled  Laws  of  South  Dakota,  1909,  Vol.  I,  pp.  389-422. 

682  Acts  of  Tennessee,  1909,  pp.  1994, 1995. 

683  Supplement  to  Sayles's  Annotated  Civil  Statutes  of  Texas, 
1897-1908,  pp.  510-516. 

684  Laws  of  Utah,  1909,  pp.  282-287. 
«**Laws  of  Utah,  1911,  p.  58. 

686  Public  Statutes  of  Vermont,  1906,  pp.  773-778. 

687  Acts  of  the  General  Assembly  of  Virginia,  1906,  pp.  71-73. 

688  Acts  of  the  General  Assembly  of  Virginia,  1909,  pp.  90-93. 

689  Laws  of  Washington,  1909,  pp.  649-653. 

690  Laws  of  Washington,  1911,  pp.  114,  115. 

691  Acts  of  West  Virginia,  1909,  pp.  438-441. 

692  Acts  of  West  Virginia,  1909,  pp.  389^38. 

693  Laws  of  Wisconsin,  1911,  pp.  353-368. 

694  Wyoming  Compiled  Statutes,  1910,  pp.  662-675. 

695  Session  Laws  of  Wyoming,  1911,  pp.  58-60. 


INDEX 


26 


401 


INDEX 


Accounting,  loose  methods  of,  230 

Accounts,  requirement  relative  to,  94,  101, 
102 

Agency,  military  road  from  Burlington  to, 
51 

Agricultural  products,  relation  between 
condition  of  roads  and  prices  of,  217 

Alabama,  State  aid  in,  271,  272,  281; 
road  statistics  of,  276,  279;  agitation 
for  bond  issue  in,  282 ;  system  of  road 
administration  in,  293,  294 

Alleghany  Mountains,  settlement  of  land 
beyond,  267 

Ambler,   Mr.,   191 

America,  first  road  law  in,  266 

American  Tobacco  Trust,  76 

Ames,   223,   224,  230,   237 

Anamosa  penitentiary,  breaking  of  stone 
at,  204 

Anderson  law,  provisions  of,  212,  213,  214, 
215;  amendment  to,  219,  227,  228,  241; 
reference  to,  222,  251,  285;  disregard 
of,  222,  223;  opposition  to,  231;  at- 
tempts to  amend,  260 

"Anti-Corduroy",  statement  by,   64 

Appanoose  County,  petition  from,  147 

Appointive  principle,  abandonment  of,  100, 
124 

Appraisers,  appointment  and  duties  of,  89, 
165;  reference  to,  121,  164,  207 

Arizona,  road  statistics  of,  276,  279;  State 
aid  in,  281;  system  of  road  administra- 
tion in,  295 

Arkansas,  road  statistics  of,  276,  279;  sys- 
tem of  road  administration  in,  295-297 

Assessors,  election  of,   6;  reference  to,   116 

Atlantic  City  (New  Jersey),  national  road 
congress  at,  265 

Atlantic  Ocean,  need  of  roads  to  Ohio  Val- 
ley from,  267 

Auditor  of  State,  reports  of,  181 

Aurner,  C.  Ray,  monograph  by,  x,  4;  refer- 
ence to,  26;  discussion  of  road  adminis- 
tration by,  53,  54 

Automobiles,  tax  on,  234,  247,  252;  regu- 
lation of,  243  (see  also  Motor  Vehicles) 

Aztecs,  roads  built  by,   270 

Bailey,  M.  Z.,  bill  introduced  by,  226 


Balkema,  Nicholas,  245 ;  bill  introduced  by, 
250,  251,  252 

Baltimore,   68  •  , 

Banking,  constitutional  provision  relative 
to,  73,  108;  "wild-cat"  system  of,  76 

Bankston,  Andrew,   354 

Barker,  Winslow  T.,   143 

Beardsley,   Charles,   158 

Benton  County,  59 

Beyer,  S.  W.,  investigation  of  road  mate- 
rials by,  221 

Big  Sioux  River,  toll  bridges  across,  169 

Bituminous  macadam  roads,   274 

Black  Hawk  (town),  30 

Black  Hawk  Purchase,  settlement  of,  8; 
growth  of  towns  in,  17 

Black  Hawk  Purchase  Treaty,  1 

Blackford,  John  E.,  bill  introduced  by,  129 

Bloomington  (Muscatine),  59;  road  to  Ce- 
dar River  from,  354 

Bloomington  Township  (Muscatine  Coun- 
ty), 137 

Bond,  requirement  of,  from  petitioners,  39, 
40;  requirement  of,  from  road  super- 
visors, 101,  114;  requirement  of,  from 
township  clerk,  101,  150;  requirement 
relative  to,  118,  145,  168,  207 

Bonds,  limit  on  issue  of,  160;  provision  for 
issue  of,  233 ;  bill  providing  for  issue  of, 
240 ;  revenue  derived  from  issue  of,  275- 
279;  issue  of,  for  State  aid,  281,  282; 
reference  to,  287;  issue  of,  in  various 
States,  296,  297,  298,  300,  302,  304, 
311,  315,  319,  321,  322,  323,  324,  325, 
328,  330,  335,  336,  338,  339,  340,  342, 
343,  344,  346,  349,  350 

Bonwell,  John  C.,  bill  introduced  by,  238; 
reference  to,  241 

Boston,  road  from  Plymouth  to,  266 

Bremer  County,  petition  from,  127,  128 

Brick  roads,  274 

Bridge  companies,  opposition  of,  to  road 
bills,  236;  opposition  of,  to  change  in 
bridge  laws,  240,  241,  264 

Bridge  contractor,  bond  required  of,  25 

Bridge  contracts,   dishonesty  in,   247 

Bridge  laws,  recommendation  relative  to, 
234;  opposition  of  bridge  companies  to 
change  in,  240,  241,  264 


403 


404       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 


Bridge  taxes,  levy  of,  23,  24;  table  show- 
ing amounts  of,  181,  259 

Bridges,  absence  of,  in  early  Iowa,  2;  re- 
pair of,  7;  decentralization  in  adminis- 
tration of,  14;  reference  to,  19,  220; 
methods  of  supervision  of,  24,  25,  137; 
penalty  for  obstruction  of,  30;  authority 
of  county  commissioners  over,  45,  46 ; 
character  of,  53;  need  for  more  liberal 
laws  relative  to,  72 ;  enlargement  of  au- 
thority of  county  over,  78;  authority  of 
county  judge  over,  86,  87;  prohibition 
of  fast  driving  across,  87;  property  tax 
for,  91,  92 ;  taxes  expended  in  construc- 
tion of,  93 ;  account  of  money  expended 
on,  94 ;  joint  supervision  of,  95 ;  trans- 
fer of  fiscal  authority  over,  101,  102; 
building  of,  105,  106;  levy  of  taxes  for, 
115-117,  124,  141,  162,  163,  164,  167, 
182,  208;  liability  for  damages  caused 
by  defective,  117,  146,  168,  174,  200, 
201,  204,  205;  authority  over,  trans- 
ferred to  township,  123,  124;  backward 
movement  in  supervision  of,  126,  127; 
vote  of  people  relative  to  construction  of, 
144;  favoritism  in  building  of,  157,  158; 
act  relative  to  building  of,  160;  act  rel- 
ative to  funds  for,  161,  162;  rules  rela- 
tive to,  168;  control  of,  in  cities,  169; 
county  appropriations  for,  172,  173, 
183;  construction  of,  on  county  line, 
174,  194;  part  of  fund  for,  granted  to 
cities,  175;  vote  of  people  relative  to 
taxes  for,  181;  suggestion  of  levy  of  ad- 
ditional taxes  for,  194;  act  relative  to, 
over  boundary  rivers,  196 ;  plan  to  avoid 
construction  of,  197 ;  construction  of 
cattle-ways  under,  199 ;  funds  for,  in 
cities,  200,  211,  233;  more  logical  sys- 
tem of  supervision  of,  210;  use  of  con- 
crete in,  224;  lack  of  scientific  informa- 
tion concerning,  230;  plans  for  perma- 
nent, 235;  supervision  of,  by  road  en- 
gineer, 239 ;  bonds  for  constructing,  240 ; 
engineering  skill  required  in  building, 
245;  need  of  State  supervision  of,  247; 
recommendation  relative  to,  248;  letting 
of  contracts  for,  249,  264;  need  for  bet- 
ter supervision  of,  249;  revision  of  law 
relative  to,  251;  specifications  for,  252; 
charges  of  corruption  in  connection 
with,  257-259;  recommendation  relative 
to  contracts  for,  258;  need  for  engineer 
to  supervise  building  of,  262;  revenues 
for  support  of,  273;  comparative  study 
of  revenue  for,  274-278;  problem  of  con- 
structing best  type  of,  287;  waste  in  ad- 
ministration of,  288,  289;  comparative 


data  relative  to  administration  of,  293- 
350 

Brindley,  John  E.,  preface  by,  ix-xi 

Brown,  Joel,  resolution  by,  143 

Brownell,  William,  361 

Brownell  and  Sprott,  361 

Bruce,  J.  J.,  379 

Buchanan  County,  road  across  State  land 
in,  200 

Buena  Vista  County,  256 

Buffaloes,  trails  made  by,  1,  2 

Burlington,  18,  30,  54,  68,  354,  361;  road 
to  Indian  boundary  line  from,  40;  mili- 
tary road  to  Agency  from,  51;  plank 
road  between  Mt.  Pleasant  and,  63 ;  ar- 
guments for  plank  road  from,  68 

Burlington  and  Iowa  City  Turnpike  Com- 
pany, act  relative  to,  30,  31 

Burlington  and  Louisa  County  Plank  Road, 
68,  366 

Burlington  and  Toolsborough  Plank  Boad 
Company,  right  of  way  granted  to,  62 

Business  enterprise,  discouragement  of,  71 ; 
need  for  encouragement  of,  72 

California,  64,  229;  road  statistics  of,  276, 
279;  convict  labor  in,  281;  State  aid  in, 
281;  bond  issue  in,  281;  State  Highway 
Commission  of,  283 ;  report  of  State  En- 
gineer of,  283,  284;  system  of  road  ad- 
ministration in,  297,  298 

Campbell,  Frank  T.,  bill  introduced  by,  156 

Canada,  plank  roads  in,  65 

Canadian  thistles,  cutting  of,  200 

Canals,  69,  268;  act  of  Congress  setting 
aside  funds  for,  108,  109 

Canoes,  transportation  by,  2 

Carpenter,  Cyrus  C.,  recommendations  of, 
161,  170,  171 

Carroll,  B.  P.,  234,  244 

Cartways,  establishment  of,  33;  supervision 
and  control  of,  47;  reference  to,  49 

Cattell,  Jonathan  W.,  resolution  by,  111, 
112 

Cattle-ways,  construction  of,  172,  173;  act 
relative  to,  199 

Cedar  County,  59 

Cedar  River,  3,  157,  375;  road  from 
Bloom ington  to,  354 

Census  Board,  powers  and  duties  of,  94,  95 

Certificates  for  road  taxes,  94,  106 

Checks  and  balances,  theory  of,   131 

Chambers  of  commerce,  244;  educational 
work  carried  on  by,  273,  274 

Circuit  court,  11,  113,  164,  208;  deter- 
mination of  grievances  by,  15 ;  authority 
of,  over  roads,  16;  jurisdiction  of,  150, 
151,  152;  provision  for  appeal  to,  166 


INDEX 


405 


Cities,  rivalry  between,  for  trade  of  in- 
terior, 68;  levy  of  road  taxes  in,  116, 
137,  138,  141,  162;  right  of,  over 
streets,  123;  act  regulating  roads  in, 
136;  reference  to,  143,  191,  254,  286; 
defective  bridges  within  limits  of,  146; 
act  relative  to  building  of  toll  bridges  by, 
160 ;  construction  and  repair  of  roads 
by,  162 ;  bridge  funds  in,  162,  200 ;  con- 
trol of  bridges  and  streets  in,  169;  or- 
ganization of,  into  road  districts,  169; 
authority  granted  to,  171;  portion  of 
bridge  fund  granted  to,  175;  repair  of 
country  roads  by,  176;  authority  grant- 
ed to,  relative  to  bridges,  181,  182;  se- 
curing of  stone  by,  204;  expenditure  of 
road  fund  in,  209;  levy  of  taxes  for 
bridges  by,  211,  233 

City  council,  138,  160,  162,  169,  206 

Civil  engineer,  288,  289 

Civil  Engineers  and  Surveyors,  Iowa  Soci- 
ety of,  discussion  of  road  question  by, 
201,  202 

Civil  War,   140,  142,  268 

Clark,  Dan  E.,  acknowledgment  to,  xi 

Clark,  Lincoln,  resolution  by,   112,  113 

Clarke,  Benjamin,  18 

Clay  binder,  226 

Clay  gravel  roads,  238 

Clerk  of  county  commissioners,  81 

Clerks  of  board  of  supervisors,  142 ;  roads 
established  by,  148;  reference  to,  149 

Clinton  Bridge  and  Iron  Works,  259 

Clinton  County,  petition  from,  192;  inves- 
tigations in,  258,  259,  264;  indictments 
in,  259 

Coal  mine,  highway  to,  171 

Code  of  1851,  character  of,  77;  progress 
along  fiscal  lines  made  by,  77,  78;  es- 
sential features  of,  78 ;  reasons  for 
changes  brought  about  by,  78-86;  road 
legislation  in,  86-95 

Code  of  1873,  character  of,  163;  road  leg- 
islation in,  163-169 

Code  of  1897,  road  legislation  in,  206-210 

Coffin,  L.  S.,  paper  by,  191,  192 

Collectors,  election  of,  6;  reference  to,  81 

Colorado,  road  statistics  of,  276,  279; 
State  aid  in,  281;  agitation  for  bond  is- 
sue in,  282;  system  of  road  administra- 
tion in,  299,  300 

Commercial  Club  of  Des  Moines,  249,  255 

Commercial  clubs,  244;  educational  work 
carried  on  by,  273,  274 

Commissioner  system  of  county  govern- 
ment, sentiment  in  favor  of,  139,  140, 
143;  petitions  in  favor  of,  147;  bills 
providing  for,  147,  148;  reference  to, 


154;  agitation  in  favor  of,  155-158; 
adoption  of,  158,  159,  182 

Commissioners  (special),  appointment  of, 
to  view  road,  11,  88,  145,  165;  ap- 
pointment of,  to  lay  out  road,  18,  19, 
20,  57,  58,  103;  duties  of,  88,  89;  re- 
port of,  91;  powers  and  duties  of,  in 
laying  out  State  roads,  119,  120;  refer- 
ence to,  164;  appointment  of,  to  survey 
road,  207 

Commissioners  court,  recommendation  of 
establishment  of,  112 

Commissioners  of  highways,  authority  of, 
5 ;  election  of,  6 ;  duties  of,  7-16 ;  settle- 
ment of  disagreements  between,  11;  re- 
port made  by,  12,  13 ;  reference  to,  15, 
27,  28 

Commutation  of  road  taxes,  9,  106 

Competition,  restraint  of,  in  bridge  work, 
247;  letting  of  contracts  by,  251;  bridge 
contracts  let  without,  259 

Concrete,  226;   cost  of,  289 

Congress,  appropriations  by,  for  roads  in 
Iowa,  51,  52;  reference  to,  64;  act  of, 
relative  to  proceeds  of  public  land  sales, 
108,  109;  appropriations  for  roads  by, 
267;  efforts  of,  to  pay  national  debt, 
268;  appropriations  by,  for  District  of 
Columbia,  277;  appropriations  by,  for 
Yellowstone  Park,  277 

Connecticut,  road  statistics  of,  276,  279; 
State  aid  in,  281;  bond  issue  in,  282; 
system  of  road  administration  in,  300- 
302 

Consent  highways,   208 

Constables,  election  of,  6;  reference  to,  32 

Constitution  of  1846,  provisions  of,  rela- 
tive to  corporations,  70,  71 ;  dissatisfac- 
tion with,  72,  73 

Constitution  of  1857,  special  legislation 
prohibited  by,  58,  107,  108,  118;  rea- 
son for  drafting  of,  71;  provisions  of, 
relative  to  corporations,  73;  reference 
to,  114 

Contractors,  powers  and  duties  of,  196 

Contracts,  letting  of,  235,  264;  bill  rela- 
tive to,  251;  recommendations  relative 
to  letting  of,  258;  letting  of  road  work 
by,  190,  191,  195,  224,  295,  296,  298, 
299,  311,  312,  313,  316,  323,  327,  334, 
337,  345,  348 

Contributory  negligence,  200,  204,   205 

Convict  labor,  suggestion  relative  to,  203; 
breaking  of  stone  by,  204;  reference  to, 
272,  294,  300,  304,  305,  308,  311,  314, 
317,  319,  322,  325,  329,  332,  337,  339, 
341,  342,  346,  347,  349,  350;  State  aid 
by  means  of,  281 


406       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 


Coroner,  election  and  term  of  office  of,  86 

Corporations,  right  to  construct  plank 
roads  granted  to,  57;  protection  of,  60, 
61;  problem  of  regulation  of,  66,  74,  75; 
constitutional  provisions  relative  to,  70- 
73;  misunderstanding  of  character  of, 
72;  difference  of  opinion  relative  to,  73, 
75,  76;  change  in  constitutional  pro- 
visions relative  to,  73;  more  liberal  con- 
stitutional provisions  relative  to,  107; 
special  legislation  relative  to,  prohibited, 
108 ;  reference  to,  222 ;  opposition  of,  to 
road  bills,  236;  turnpikes  financed  by, 
267 

Corrie,  S.  M.,  bill  introduced  by,  239,  240 

Cosson  law,   257 

Costs,  act  relative  to,  30 

Council  Bluffs,  98 

Counties,  cost  of  Territorial  roads  paid  by, 
20;  roads  on  line  between,  39,  47,  90, 
93,  173,  208;  study  of  road  administra- 
tion in,  53;  transfer  of  fiscal  authority 
from,  101,  102;  cost  of  State  roads  paid 
by,  103;  bill  for  reorganization  of,  129; 
act  relative  to  building  of  bridges  by, 
159,  160;  bridges  on  line  between,  174; 
appointment  of  highway  commissioners 
in,  recommended,  185 ;  bridges  over 
streams  between,  194 ;  levy  of  road  taxes 
by,  195;  securing  of  stone  by,  204;  act 
relative  to  surplus  road  funds  in,  205; 
road  investigations  in,  221;  road  and 
bridge  work  carried  on  by,  225;  recom- 
mendation relative  to  road  funds  of,  234, 
235;  cooperation  of  State  with,  237; 
road  and  drainage  funds  of,  243;  share 
of,  in  cost  of  improvement,  247 

County,  division  of  expense  of  roads  be- 
tween townships  and,  14,  15,  286;  act 
establishing  single  township  in,  17;  in- 
crease in  importance  of,  27,  28;  im- 
portance of,  in  local  administration,  29 ; 
organization  of  townships  in,  32 ;  trans- 
fer of  authority  from,  36,  99,  124,  126; 
division  of,  into  townships,  41;  powers 
vested  in,  74;  enlargement  of  authority 
of,  78,  204,  208,  215;  demand  for  rep- 
resentation of  all  sections  of,  83;  fiscal 
agent  of,  87;  importance  of,  under  law 
of  1851,  92,  95,  96;  supervision  and 
control  of  roads  by,  96;  creation  of,  as 
body  politic,  137;  liability  of,  for  dam- 
ages, 146;  proposal  for  division  of,  into 
districts,  147,  156,  157;  removal  of  line 
of  demarcation  between  township  and, 
153 ;  road  plat  of,  166 ;  movement  to- 
ward enlargement  of  power  of,  183;  im- 
portance of,  in  road  administration,  183, 


252,  261,  262 ;  distinct  line  between 
township  and,  183 ;  lack  of  change  in 
authority  of,  207;  provision  for  road 
fund  for,  209,  210;  levy  of  road  taxes 
by,  213,  214,  215;  separation  of  func- 
tions of  township  and,  215,  260;  estab- 
lishment of,  as  unit  of  road  administra- 
tion recommended,  223;  recommendation 
relative  to  tax  levy  by,  225,  230;  plan 
for  strengthening  of,  248;  funds  hand- 
led by,  249 ;  importance  of,  in  South, 
283 ;  suitability  of,  as  unit  of  road  ad- 
ministration, 285,  287;  expenditure  of 
money  by,  287;  function  of,  in  road  ad- 
ministration, 288 

County  assessor,  plan  for  office  of,  111, 
112 

County  attorney,  election  and  term  of  of- 
fice of,  86 

County  auditor,  111,  164,  176,  210,  212, 
260,  382;  recommendation  relative  to, 
113;  creation  of  office  of,  149;  act  legal- 
izing roads  established  by,  163 ;  powers 
and  duties  of,  165,  166,  207;  map  kept 
by,  167;  power  taken  from,  171;  sug- 
gestion relative  to  removal  of  power  of, 
197,  198 

County  clerk,  record  of  roads  kept  by,  19, 
20;  duties  of,  51;  reference  to,  81,  84, 
90,  136;  election  and  term  of  office  of, 
86 

County  commissioners,  board  of,  provision 
for,  in  Territory  of  Wisconsin,  20,  21; 
powers  and  duties  of,  21,  22,  25,  26, 
32,  37-39,  40,  41,  43-45,  46,  47,  51,  61; 
creation  of  board  of,  28;  road  super- 
visors appointed  by,  35;  reference  to, 
40,  42,  81,  86,  87,  95 ;  objection  to  pow- 
ers of,  46;  discretionary  power  given  to, 
48;  increase  in  powers  of,  55;  powers 
of,  transferred  to  county  judge,  78; 
abolition  of,  in  1851,  78,  80;  executive 
functions  of,  83 ;  proposal  to  establish, 
111;  bill  for  reestablishment  of,  156,  157 

County  court,  permanency  of,  81;  powers 
and  duties  of,  86-95,  102,  118-120; 
safeguards  against  abuse  of  power  by, 
90;  decrease  in  power  of,  126;  refer- 
ence to,  136,  152,  153 

County  government,  necessity  of  study  of 
history  of,  4 ;  system  of,  adopted  in  Ter- 
ritory of  Wisconsin,  20,  21;  simplifica- 
tion of,  77,  78 ;  road  administration  a 
function  of,  80;  discussion  of  change  in, 
80-86,  126-135 ;  arguments  against  coun- 
ty judge  system  of,  97,  98;  agitation  for 
change  in  system  of,  109-114;  difference 
of  opinion  relative  to,  111,  154;  refer- 


INDEX 


407 


ence  to,  126;  objections  to  supervisor 
system  of,  139;  sentiment  in  favor  of 
commissioner  system  of,  139,  140;  bills 
providing  for  change  in  system  of,  143, 
144 ;  efforts  to  change  system  of,  in  1868, 
146-148.;  proposals  for  change  in,  155- 
158;  opposition  to  optional  system  of, 
157,  158,  159;  change  in  system  of,  182 

County  highway  commissioner,  recommen- 
dation relative  to,  185,  225 

County  highway  engineer,  creation  of  of- 
fice of,  237  (see  County  road  engineer) 

County  judge,  powers  given  to,  78,  80; 
reference  to,  81,  84,  100,  117,  119,  125, 
127,  136,  140,  152,  153,  156,  157,  182, 
192 ;  arguments  for  and  against  creation 
of  office  of,  80-86;  election  and  term  of 
office  of,  86;  powers  and  duties  of,  86- 
95,  96,  101,  102,  103,  106,  115;  argu- 
ments against  government  by,  97,  98; 
transfer  of  authority  from,  99,  105,  123 ; 
powers  of,  assumed  by  township  trustees, 
100 ;  bill  granting  larger  powers  to,  105, 
106;  objections  to  power  of,  109,  110, 
127,  128,  131;  resolution  for  abolition 
of  office  of,  111;  retention  of  office  of, 
112;  desire  for  commissioners  associated 
with,  113;  responsibility  of  township 
clerks  to,  118;  reaction  against,  123; 
abolition  of  office  of,  149 ;  act  legalizing 
roads  established  by,  163 

County  judge  system,  arguments  against, 
97,  98,  109,  110,  111;  abolition  of,  99; 
duration  of,  123 ;  discussion  of  question 
of  abolishing,  126-135;  petition  for  re- 
establishment  of,  139;  reference  to,  143, 
154,  372;  gradual  repeal  of,  152,  153 

County  Motor  Vehicle  Road  Fund,  254 

County  recorder,  81,  84,  112;  election  and 
term  of  office  of,  86 

County  road  engineer,  79,  125,  204,  231, 
234,  251,  252,  260,  270,  271;  move- 
ment for  creation  of  office  of,  96,  97; 
objections  to  creation  of  office  of,  131; 
recommendation  relative  to,  225,  227, 
249;  bills  providing  for,  239,  240,  251; 
opposition  to,  in  convention,  244,  245; 
character  of  provision  for,  253 ;  need  of 
creation  of  office  of,  262 

County  road  improvement  associations, 
formation  of,  recommended,  190 

County  road  superintendent,  recommenda- 
tion relative  to,  223 

County  road  supervisor,  arguments  against, 
79,  97,  98,  99,  100;  reference  to,  80, 
100,  113,  124;  election  and  term  of  of- 
fice of,  86;  powers  and  duties  of,  90, 
92-94,  95,  96 ;  comparison  of  proposed 


county  road  engineer  with,  96,  97;  dis- 
continuance of  office  of,  99 ;  recommen- 
dation of  return  to  system  of,  103 ;  set- 
tlement made  by,  103 ;  resolution  in 
favor  of  creation  of  office  of,  111;  ob- 
jection to  power  of,  128 
County  roads,  laying  out  of,  37;  width  of, 
37,  87;  action  in  case  of  complaint  rela- 
tive to,  38;  method  of  changing  course 
of,  38,  39;  petition  for  laying  out  of, 
44,  45;  supervision  and  control  of,  47; 
reference  to,  49,  121,  145;  act  relative 
to  relocation  of,  50;  act  legalizing,  50, 
51,  148;  manner  of  establishing,  87-90; 
relation  between  State  roads  and,  91; 
act  regulating,  136;  selection  of,  240 
County  supervisors,  board  of,  15,  27,  28, 
96,  97,  164,  175,  181,  194,  198,  206, 
223,  225,  233,  237,  239,  240,  245,  246, 
252,  253,  262 ;  services  of,  as  township 
supervisors,  17;  petition  for  creation  of, 
111 ;  reasons  for  establishment  of,  in 
1860,  126-135;  composition  of,  127,  137; 
main  arguments  in  favor  of,  133 ;  main 
arguments  against,  134;  powers  and  du- 
ties of,  136,  137,  145,  146,  164-166, 
169,  173,  176,  194,  195,  196,  197,  200, 
205,  207,  208,  209,  220,  242,  243,  244, 
252,  382-384;  objections  to,  139,  140; 
limitation  on  powers  of,  144;  bills 
changing  number  of,  147,  148 ;  juris- 
diction of,  152;  reason  for  large  powers 
of,  153;  board  of,  bills  relative  to  re- 
organization of,  156-158;  change  rela- 
tive to  composition  of,  158,  159,  182; 
additional  power  in  bridge  matters  given 
to,  160 ;  authority  of,  relative  to  county 
line  bridges,  194;  road  instruction  for, 
218;  greater  powers  given  to,  251; 
election  of,  372;  questions  sent  out  to, 
392-394 

County  surveyor,  fees  of,  30 ;  election  and 
term  of  office  of,  86;  resolution  relative 
to,  190,  191;  suggestions  relative  to 
powers  of,  197,  198;  proposition  to 
abolish  office  of,  227;  reference  to,  229, 
231,  252 

County  treasurer,   40,    81,    112,    117,    149, 

188,    195,    212,    382,    383;    collection   of 

delinquent  taxes  by,  49,  50;  powers  and 

duties  of,  94,  176 

County    treasury,    transfer    of    road    taxes 

from,   102 

County-township    system    of    local    govern- 
ment, 34,  102 
Court   of    Common   Pleas,    recommendation 

relative  to,  112,   113 
Crawford,  Nelson  A.,  Jr.,  article  by,  98 


408       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 


Crew,  M.  L.,  379 

Culverts,  221,  254;  use  of  concrete  in, 
224;  plans  for  permanent,  235;  super- 
vision of,  by  road  engineer,  239;  bonds 
for  constructing,  240 ;  recommendation 
relative  to,  248 ;  need  for  better  super- 
vision of,  249,  262;  letting  of  contracts 
for,  249 ;  revision  of  law  relative  to, 
251;  specifications  for,  252 

Cunningham,  E.  H.,  bill  introduced  by, 
256 

Cumberland  (Maryland),  road  west  from, 
267,  268 

Cumberland  Pike,  267 

Cummins,  Albert  B.,  call  for  convention 
by,  226;  reference  to,  228 

Curtiss,  C.  F.,  statement  by,  213,  217;  ad- 
dress by,  223 

Dallas  County,  petition  from,  147;  road 
work  in,  248 

Damages,  assessment  of,  11,  22,  33,  38, 
39,  47,  62,  67,  89,  106,  119,  120,  121, 
122,  145,  151,  207;  payment  of,  19, 
173,  175;  reference  to,  37,  117,  166, 
205 ;  refunding  of,  90 ;  liability  of  coun- 
ty for,  146;  awarding  of,  163,  171,  177; 
claims  for,  165;  responsibility  for,  168, 
173,  174,  182,  233 

Darrah,  John  H.,  bill  introduced  by,  240 

Davenport,    54 ;    petition   from   citizens   of, 

99,  100 

Davis,  Ebenezer  W.,  resolution  by,  48,  49 

Davis,  J.  C.,  address  by,  229,  230 

Decatur  County,  petition  from,  139 

Deemer,  Horace  E.,  246 

Delaware,  road  statistics  of,  276,  279; 
State  aid  in,  281;  system  of  road  ad- 
ministration in,  302,  303 

Delaware  County,  petition  from,  127;  road 
from  Dubuque  to,  354 

Delegate  to  Congress,  6 

Democracy,  aims  of,  55,  56;  essential  fea- 
tures of,  81,  82,  134;  discussion  of 
question  of,  83-86;  shortcomings  of,  in 
America,  85 

Democratic  institutions,  relation  of  road 
reform  to,  286-288;  determination  of, 
288 

Demoine  County,  establishment  of,  3,  7 

Deputy  road  supervisors,  appointment  of, 
93 ;  compensation  of,  93 ;  reference  to, 

100,  124 

Des  Moines,  219,  226,  228,  241,  244,  245, 
255 ;  commercial  club  of,  249 

Des  Moines  Commercial  Club,  investiga- 
tion by,  256 

Des  Moines  County,  18,  30,  51 


Des  Moines  River,  3,  18,  51,  354;  plank 
road  up  valley  of,  63 

Dillon,  Lyman,  furrow  plowed  by,  52 

Directors  of  poor,  election  of,  6 

District  clerk,  81 

District  Court,  112,  113,  125,  148,  150; 
provision  for  appeal  to,  120,  121,  208 

District  of  Columbia,  road  statistics  of, 
276;  reference  to,  277 

District  road  supervisors,  95,  123,  124, 
125,  154,  176,  192,  206,  209,  215; 
power  transferred  to,  99,  105,  126;  act 
providing  for  election  of,  100,  105,  106; 
bond  given  by,  101,  114;  report  re- 
quired of,  102,  116,  117;  powers  and 
duties  of,  106,  115,  117,  140,  141,  149, 
150,  168,  169,  172,  173,  196,  357,  358; 
neglect  of  duty  by,  117;  compensation 
of,  142;  maps  furnished  to,  167;  re- 
sponsibility of,  174;  biennial  election  of, 
176;  suggestion  of  Nichols  relative  to, 
189 ;  abolition  of  office  of,  recommended, 
190;  office  of,  abolished,  211 

Ditches,  act  relative  to,  194,  230;  refer- 
ence to,  202 ;  bonds  for  constructing, 
240 

Dixon,  John  N.,   157 

Dragging,  importance  of,  222;  act  relative 
to,  227,  237,  243,  251,  253,  256;  in- 
creased expenditure  for,  recommended, 
234;  bill  relative  to,  240,  250;  resolu- 
tion relative  to,  245 ;  reference  to,  246, 
248 ;  lack  of  enforcement  of  law  relative 
to,  248;  funds  for,  249,  254;  contracts 
for,  252 

Drainage,  221,  222,  227,  248,  249;  rec- 
ommendation relative  to,  248;  bill  rela- 
tive to,  250;  revision  of  law  relative  to, 
251 

Drainage  districts,  establishment  of,   194 

Drains,  act  relative  to,  194,  196,  211,  220, 
226,  227;  reference  to,  202;  bonds  for 
constructing,  240 

Drake,   Francis,   recommendations  of,   205 

Dubuque,  18,  54,  112,  354,  372;  military 
road  to  Missouri  line  from,  51,  52; 
road  to  Delaware  County  from,  354 

Dubuque  County,  establishment  of,  3,  7 

Dudley,  Charles,  bill  introduced  by,  147, 
148 

Duke  of  York,  266 

Dysart,  Joseph,   157 

Earth  roads,  274 
Easement,  definition  of,   122,   123 
Easley,  F.  L.,  suggestions  by,  197,  198 
East,  need  of  roads  between  West  and,  267 
Economics  of  transportation,  288,  289 


INDEX 


409 


Economy,  argument  of,  80,  81;  reply  to 
argument  of,  82 ;  failure  of  predictions 
of,  to  work  out,  84;  relation  of,  to 
democracy,  84 

Education,  State  Board  of,  246 

Educational  propaganda,  272,  273,  274 

Efficiency,  sacrifice  of,  15 ;  importance  of, 
81;  relation  of,  to  democracy,  84;  lack 
of  appreciation  of  importance  of,  85 

Eldridge,  Maurice  O.,  discussion  by,  278 

Elective  principle,  over-emphasis  on,  85; 
adoption  of,  100,  124 

Electricity,  poles  and  wires  for  transmis- 
sion of,  242 

Embankments,  act  relative  to,   194 

Engineer,  appointment  of,  40 ;  recom- 
mendation relative  to  road  supervision 
by,  185;  need  of  road  supervision  by, 
224 

Engineering,  suggestions  from  standpoint 
of,  197,  198;  problems  of,  222;  lack  of 
knowledge  of,  224;  importance  of 
knowledge  of,  248,  270,  282,  287;  im- 
portance of,  in  road-making,  265;  need 
for  research  in,  288,  289 

Engineering  advice  and  assistance,  pro- 
vision for,  272,  281,  282 

Engineering  Society,   Iowa,   227 

Engines,  steam,  act  relative  to  injuries 
caused  by,  220 

England,   64 

English,   266 

English  River,   3 

Executive  Council,  94,  95 

Experts,  necessity  of  employing,  270,  287; 
question  of  service  of,  282-286 

Fairall,   H.  S.,   187 

Fairall,   Samuel  H.,   157 

Farmers,  hardships  of,  in  early  Iowa,  2 ; 
value  of  plank  roads  to,  65,  69 ;  desire 
of,  for  market,  68 ;  difficulties  of,  in 
marketing  produce,  74;  economic  loss  to, 
from  bad  roads,  185;  objections  of,  to 
cash  payment  of  road  taxes,  188;  un- 
equal burdens  borne  by,  191,  192;  work 
of,  on  roads,  192,  193;  reference  to, 
199 ;  more  time  for  road  work  given  to, 
206,  210;  dependence  of  prosperity  of 
State  upon,  230 

Farmington,  road  to  Prairie  du  Chien 
from,  18,  354 

Federal  government,  act  relative  to  roads 
established  by,  5;  neglect  of  road  ques- 
tion by,  268;  interest  of,  in  roads,  269 
(see  also  General  government) 

Fees,  act  relative  to,  30;  removal  of  in- 
ducement for  large,  81;  provision  rela- 


tive to,  121;  opposition  to  payment  of, 
188 

Fence  viewers,  election  of,  6;  reference  to, 
32 

Fences,  removal  of,  102 

Ferries,  rules  relative  to,   168 

Field  notes,  filing  of,  19,  20,  37,  90,  91, 
106,  166,  171,  207;  reference  to,  47, 
115;  preparation  of,  163 

Finances,  9-11;  control  of,  36;  method  of 
managing,  94;  administration  of,  101, 
102,  128,  137;  change  in  administra- 
tion of,  126;  dangerous  power  of  county 
judge  relative  to,  131;  need  of  popular 
control  of,  133 ;  limitation  on  manage* 
ment  of,  142 ;  importance  of  township 
in  management  of,  167 

Fines,  collection  of,  36 

Flat-boats,  transportation  by,  2 

Flint  Hill  Township,  establishment  of,  3,  7 

Florida,  road  statistics  of,  276,  279;  sys- 
tem of  road  administration  in,  303,  304 

Floyd  County,  townships  in,  375 

Floyd  Township    (Floyd  County),  375 

Fort  Des  Moines,  361 

Fort  Dodge,  197 

Foster,  J.  W.,  245 

Fourt,  Edwin  H.,  bill  introduced  by,  250, 
251 

Fox  Run  River,  3 

Franklin,  Benjamin,  267 

Franzen,  M.  Florence,  acknowledgment  to,  xi 

Freeholders,  juries  of,   15 

Fulton,  A.  C.,  report  by,  104 

Fulton,   Harry,  road  sold  to,   361 

Fyffe,  H.  W.,   186 

Galland,  Abel,  18 

Garber,  Martin,  bill  introduced  by,   180 

Garden,  act  relative  to  laying  out  road 
through,  148,  149 

Garver,  F.  H.,  monograph  by,  x 

Gear,  John  Henry,  recommendations  of, 
174,  175,  177,  178;  reference  to,  183, 
187,  194,  195,  214,  288 

General  Assembly,  desire  of,  to  retain  au- 
thority, 71;  demand  for  promotion  of 
internal  improvements  by,  73;  reaction 
against  special  legislation  by,  73 ;  spe- 
cial legislation  by,  prohibited,  73 ;  aid 
to,  247 

Georgia,  road  statistics  of,  276,  279;  con- 
vict labor  in,  281;  system  of  road  ad- 
ministration in,  304-306 

Gilfoy,   Samuel,   379 

Gillett,  Chauncey,  bill  introduced  by,  129- 
132,  137 

Glacial  districts,  225 


410       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 


Good  Roads  Association,  Iowa,  organiza- 
tion of,  219;  secretary  of,  220;  annual 
meeting  of,  223-225,  228-231;  call  for 
meeting  of,  226;  reference  to,  227,  231, 
236 

Good  roads  associations,  244;  educational 
work  carried  on  by,  273,  274 

Good  Roads  Convention,  meeting  of,  in 
March,  1910,  244,  245;  meeting  of,  in 
December,  1910,  245,  246;  members  of 
committees  of  first,  379 

Good  roads  movement,  dependence  of,  on 
character  of  local  government,  80;  ref- 
erence to,  170,  185,  211,  222,  237,  241, 
251,  256,  282,  286;  cornerstone  of,  192; 
discussion  of,  201-203;  progress  of,  231; 
campaign  to  promote,  236;  opposition  to, 
236,  237;  efforts  of  friends  of,  244; 
purpose  of  friends  of,  relative  to  local 
government,  248;  purposes  of,  260; 
reality  of,  272;  subjects  connected  with, 

272,  273 ;   educational  work  to  promote, 

273,  274;  foundation  of,  280,  283 
Governor,    limitation    of    appointive    power 

of,  40;  report  of  Highway  Commission 
to,  225,  226 

Graded  road  company,  rights  given  to,  59- 
61 

Graded  toll  roads,  right  to  construct,  giv- 
en to  corporations,  57;  examples  of  acts 
for  establishing,  59-62 ;  number  of,  pro- 
vided for,  62;  number  of,  laid  out,  62, 
63;  reference  to,  74,  161,  222;  neces- 
sity for,  74,  75;  construction  of,  by 
corporations,  75;  demand  for  State  reg- 
ulation of,  76 

Grades,  reduction  of,  248;  cost  of  hauling 
up,  289 

Grading,  recommendation  relative  to,  248; 
reference  to,  249;  funds  for,  249;  speci- 
fications for,  252 

Graft,  evidences  of,  in  connection  with 
State  roads,  58,  59,  107 

Grain,  difficulty  in  marketing,  229 

Grant,  Robert,   379 

Gravel  roads,  221,  226,  238,  274;  statis- 
tics of,  276,  277 

Gravel  stone  roads,  238 

Graveling,  funds  for,   254 

Greater  Des  Moines  Committee,  efforts  of, 
in  support  of  road  bills,  240,  249 

Grievances,  determination  of,  22 

Grimes,  James  W.,  recommendations  of, 
107-109 

Gue,  B.  F.,  379 

Guideboards,  erection  of,  102,  243;  pro- 
visions relative  to,  140;  levy  of  taxes 
for,  167,  208 


Guideposts,  provision  for  erection  of,  14 
Guthrie  Center,  225 

Hackler,    Charles    W.,    bill   introduced   by, 

239 

Hale,  William,  144 
Harper,  T.  G.,  219;  address  by,  223 
Harrison  County,  petition  from,   147 
Hedges,  planting  of,  102;  growing  of,  117; 

trimming  of,   200,   205,   243 
Hempstead,     Stephen,    recommendation    of, 

103;  reference  to,  104,  366,  367 
Henry   County,   51 

Highway  officers,  manual  for,  221-223 
Highways    (see  Roads) 
Holbrook,  N.  B.,   379 

Idaho,  road  statistics  of,  276,  279;  system 
of  road  administration  in,  306,  307 

Illinois,  1,  111,  277,  341;  road  from  East 
to,  268;  waste  of  road  funds  in,  271; 
road  statistics  of,  276,  279;  convict  la- 
bor in,  281;  State  aid  in,  281;  report 
of  State  Highway  Commission  of,  284, 
285 ;  system  of  road  administration  in, 
307,  308 

Independence,  Hospital  for  Insane  at,  200 

Indian  boundary  line,  road  from  Burling- 
ton to,  40 

Indiana,  1,  111,  277;  road  statistics  of, 
276,  279;  system  of  road  administration 
in,  309 

Indians,  trails  made  by,   1,  2,   16 

Individual,  protection  of  rights  of,  14,  15, 
16,  22,  23,  32,  33,  37-39,  56,  66,  120; 
tendency  to  remove  safeguards  of  rights 
of,  45 

Individualism,  85 

Inefficiency,  results  of,  269-271 

Injuries,  responsibility  for,  200,  201,  204, 
205;  law  relative,  to,  219,  220 

Insane,  Hospital  for,  200 

Insurance,  need  for  more  liberal  laws  rel- 
ative to,  72 

Internal  improvements,  need  for  promotion 
of,  72,  73;  reference  to,  175;  question 
of,  268 

Iowa,  historical  development  of  local  in- 
stitutions of,  3 ;  nativity  of  settlers  of, 
4 ;  attitude  toward  plank  roads  in,  64- 
66;  scarcity  of  navigable  rivers  in,  74; 
question  of  regulation  of  corporations 
in,  75 ;  county  judge  system  in,  98 ; 
act  of  Congress  relative  to  proceeds 
of  public  land  sales  in,  108,  109;  first 
State  road  convention  in,  184-192;  good 
roads  problem  in,  221;  miles  of  road  in, 
221;  topography  of,  222,  225,  234; 


INDEX 


411 


backwardness  of,  in  matter  of  roads, 
223;  amounts  expended  for  roads  and 
bridges  in,  259;  forces  in  road  legisla- 
tion in,  260;  similarity  between  road 
legislation  of  other  States  and,  265; 
character  of  State  aid  in,  272;  educa- 
tional campaign  in,  273;  road  statistics 
of,  276,  279;  effect  of  coming  of  rail- 
roads to,  280;  State  aid  in,  281;  waste 
of  road  funds  in,  288,  289 

Iowa,  Territory  of,  establishment  of,  3 ; 
changes  in  laws  handed  down  to,  4; 
laws  of  Ohio  copied  by,  4,  5,  30,  34, 
35 ;  importance  of  Michigan  laws  in 
road  legislation  of,  7;  derivation  of 
early  road  laws  of,  26;  system  of  local 
government  inherited  by,  29;  road  leg- 
islation of,  29-56;  number  of  Territorial 
roads  in,  31;  act  of  Ohio  followed  in,  33, 
34 ;  Congressional  legislation  relative  to 
roads  in,  51,  52 

Iowa  City,  3,  184,  213;  marking  of  mili- 
tary road  to,  52;  State  road  convention 
at,  186-192 

Iowa  City  Board  of  Trade,   186 

Iowa  City  Turnpike  Company,  Burlington 
and,  act  relative  to,  30,  31 

Iowa  country,  coming  of  settlers  to,  1; 
character  of  early  roads  in,  1-3;  ab- 
sence of  roads  and  bridges  in,  2 ;  local 
government  first  established  in,  3 ;  lack 
of  work  on  roads  of,  16 ;  Territorial 
roads  in,  18,  19,  354;  jurisdictions  over, 
26 

Iowa  Engineering  Society,   249 

Iowa  River,   30 

Iowa  State  College,  experiments  conducted 
at,  217;  State  Highway  Commission  es- 
tablished at,  217,  218,  237;  Deans  of, 
appointed  to  serve  on  State  Highway 
Commission,  219;  seasons  lor  locating 
Commission  at,  224,  225 

Jackson,  Frank  D.,  recommendation  of,  203 

Jasper  County,  petition  from,   173 

Jefferson   (Missouri),  51 

Jefferson  County,  petition  from,   147 

Jenkins,  J.  Scott,  379 

Jenks,  Jeremiah  W.,  245,  262,  278;  sug- 
gestions by,  relative  to  road  legislation, 
269-271;  statement  by,  282,  283 

Johnson,  Eliza  L.,  acknowledgment  to,  xi 

Johnson  County,  road  administration  in, 
53,  54;  reference  to,  187 

Johnson  County,  History  of,  53 

Jones,  0.  L.,  379 

Jones  F.  F.,  bill  introduced  by,  218;  ad- 
dress by,  224,  225,  230 


Jones,  William,   18 
Judge  of  probate,   81 
Julien  Township,  establishment  of,  3,  7 
Justices  of  the  peace,  5,  6,  11,  12,  27,  106, 
110,  358 

Kansas,  road  statistics  of,  276,  279;  refer- 
ence to,  277;  system  of  road  adminis- 
tration in,  310,  311 

Kent  County    (Delaware),   302 

Kentucky,  1,  277;  road  statistics  of,  276, 
279;  system  of  road  administration  in, 
311 

Keokuk,  plank  road  from,  63;  reference 
to,  68;  description  of  plank  road  from, 
360,  361;  estimate  of  cost  of  plank  road 
from,  361 

Ketchum,  W.  P.,  379 

King,  D.  Ward,  address  by,  229 

King  Drag,  use  of,  221;  value  of,  226, 
229;  reference  to,  228 

King  drag  clay  roads,  238 

Kirkwood,  Samuel  J.,  recommendation  of, 
138;  address  by,  186;  reference  to,  187 

Knapp,  S.  A.,  379 

Knox  College,   269 

Kulp,  David  E.,  bill  introduced  by,  250, 
253-255 

Larrabee,  Frederic,  242 

Larrabee,  William,  196;  recommendation 
of,  199 

Lander,  Henry  F.,  18 

Laws,   demand  for  revision  of,   46 

Lead  mine,  establishment  of  highway  to, 
171 

Lee  County,  plank  road  bought  by,  361 

Leonard,   David,   379 

Levees,  act  relative  to,  144,  211,  220,  226, 
227;  bonds  for  constructing,  240 

Little  Maquoketa  River,  354 

Local  government,  first  establishment  of, 
in  Iowa  country,  3 ;  relation  of  road  ad- 
ministration to,  4,  136,  137,  265;  sys- 
tem of,  in  Territory  of  Michigan,  5-7; 
establishment  of  county  as  basis  of,  17; 
change  in  system  of,  in  Territory  of 
Wisconsin,  20,  21;  necessity  of  knowl- 
edge of  system  of,  26;  change  in  system 
of,  27,  28;  system  of,  inherited  by  Ter- 
ritory of  Iowa,  29;  compromise  system 
of,  32,  102;  optional  system  of,  34,  35; 
strengthening  of  township  principle  of, 
40,  42,  55;  best  means  of  studying,  53; 
system  of,  inherited  by  State,  57;  sim- 
plification of,  77,  78 ;  discussion  of 
change  in,  in  1851,  78-86,  126-135; 
need  for  study  of  history  of,  80;  agita- 


412       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 


tion  for  more  decentralized  system  of, 
109;  agitation  for  change  in  system  of, 
109-114;  growth  of  sentiment  in  favor 
of  township-county  system  of,  123;  bills 
providing  for  change  in  system  of,  142- 
144;  efforts  to  change  system  of,  in 
1868;  146-148;  gradual  change  in  sys- 
tem of,  152,  153 ;  blending  of  county 
and  township  functions  of,  153;  pro- 
posals for  change  in,  155-158;  distinc- 
tion between  county  and  township  in, 
183;  reference  to,  248,  261;  road  ad- 
ministration a  function  of,  269 

Local  option,  necessity  for,  188,  189 

Louisa  County,  30 

Louisa  County  Plank  Eoad,  Burlington 
and,  68,  366 

Louisiana,  road  statistics  of,  276,  279; 
State  aid  in,  281;  system  of  road  ad- 
ministration in,  312 

Lucas,  George  W.,  substitute  introduced 
by,  104 

Lucas,  Robert,  preference  of,  for  laws  of 
Ohio,  4;  recommendation  of,  29 

Lucas  County,   245 

Lyons,  D.  B.,  219 

Macadam  roads,  238 

Macadamizing,   204;  funds  for,  254 

McDonald,  Thomas  H.,  services  of,  en- 
gaged for  Commission,  219;  reference 
to,  220,  222;  bulletin  issued  by,  221; 
report  of,  concerning  Polk  County,  257, 
258 

McFarland,   Mr.,    191 

Machinery,  purchase  of,  25,  93,  150;  levy 
of  taxes  for  purchase  of,  115-117,  124, 
141,  167,  208;  care  of,  150;  recom- 
mendation relative  to,  234;  reference  to, 
235;  custodian  of,  239 

McKean,   John,   143,   144 

McNutt,   Samuel,   158 

McQuinn,  James,  bill  introduced  by,  139 

Mahin,  John,  379 

Mahoney,  Dennis  A.,  resolution  by,  111 

Maine,  road  statistics  of,  276,  279;  State 
aid  in,  281;  statement  by  State  High- 
way Commission  of,  285;  system  of  road 
administration  in,  313,  314 

Maps,  requirements  relative  to,  92,  93, 
115,  167,  168;  preparation  of,  221 

Market,  64;  value  of  plank  roads  in  haul- 
ing produce  to,  65;  desire  of  farmers 
for,  68 ;  difficulty  of  hauling  produce  to, 
69,  74,  229 

Marston,  A.,  217 

Maryland,  early  road  laws  in,  266;  road 
statistics  of,  276,  279;  State  aid  in, 


281;  bond  issue  in,  282;  system  of  road 
administration  in,  314,  315 

Mason,  Charles,  367 

Massachusetts,  oldest  road  in,  266;  road 
statistics  of,  276,  279;  State  aid  in, 
281;  bond  issue  in,  282;  system  of  road 
administration  in,  315-317 

Mathis,  J.  H.,  charges  against,  257;  resig- 
nation of,  258,  395 

Merrill,  Samuel,  recommendations  of,  160, 
161 

Michigan,  road  statistics  of,  276,  279;  ref- 
erence to,  277,  390;  State  aid  in,  281; 
system  of  road  administration  in,  317- 
319 

Michigan,  Territory  of,  Iowa  country  at- 
tached to,  3 ;  changes  in  laws  handed 
down  by,  4 ;  law  of,  copied  in  Iowa,  5 ; 
road  legislation  of,  5-16,  26,  27;  system 
of  local  government  in,  5-7;  significance 
of  early  legislation  of,  7;  acts  of, 
amended,  17;  reference  to,  26,  29,  33, 
40,  54;  law  of  Ohio  copied  by,  30 

Middle  States,  settlers  from,  4 

Mileage,  table  showing,  276,  277 

Mileposts,   19 

Military  land  warrants,  land  entered  by 
holders  of,  109 

Military  roads,  appropriations  for,  51; 
character  of,  51 

Mill,  difficulty  of  reaching,  2 

Minnesota,  road  statistics  of,  276,  279; 
reference  to,  277;  State  aid  in,  281; 
system  of  road  administration  in,  320, 
321 

Mississippi,  road  statistics  of,  276,  279; 
system  of  road  administration  in,  321, 
322 

Mississippi  River,  1,  16,  18,  51,  54,  74; 
settlement  of  country  west  of,  3 ;  first 
counties  west  of,  7 ;  extension  of  settle- 
ments west  of,  17 ;  first  Territorial  road 
west  of,  18 ;  rivalry  between  cities  on, 
68;  toll  bridges  across,  169 

Mississippi  Valley,  rivalry  for  trade  of,  68; 
reference  to,  187 

Missouri,  1,  277;  admission  of,  3;  military 
road  from  Dubuque  to  northern  boun- 
dary of,  51,  52;  road  statistics  of,  276, 
279;  State  aid  in,  281;  system  of  road 
administration  in,  322,  323 

Missouri  River,  toll  bridges  across,   169 

Moffit's  Mill,  18,  354 

Monona  County,  petition  from,  127 

Monopolies,  argument  that  plank  road 
companies  would  become,  66 

Monroe  County,  petition  from,  156 ;  refer- 
ence to,  244 


INDEX 


413 


Montana,  road  statistics  of,  276,  279;  sys- 
tem of  road  administration  in,  323,  324 

Montrose,  estimate  of  cost  of  plank  road 
to,  361 

Moore,  N.  BM  bill  introduced  by,   157 

Morris,  Frank  T.,  245;  minority  report 
by,  246;  resignation  of,  395 

Moscow,  354 

Moss,  James  K.,  substitute  by,  44,  357, 
358 

Motor  vehicles,  tax  on,  233,  237,  240,  304, 
315,  316,  327,  328,  333,  336,  337,  340, 
345,  347;  plea  for  graduated  tax  on, 
246;  act  relative  to,  250;  provision  of 
Kulp  bill  regulating,  253-255  (see  also 
Automobiles  ) 

Mt.  Pleasant,  plank  road  between  Burling- 
ton and,  63 ;  reference  to,  361 

Mt.   Vernon,    362,    363 

Mulct  tax,  use  of,  for  road  improvement, 
244,  247 

Mullan,  Charles  W.,  address  by,  224 

Municipal  authorities,  levy  of  road  taxes 
by,  137,  138 

Murray,  Benjamin  F.,  bill  introduced  by, 
156 

Muscatine,  54,  68,  137,  138,  158,  354 

Muscatine  County,  59,  187 

National  debt,  efforts  to  pay,  268 

National  government,  turnpikes  financed 
by,  267,  268  (see  also  Federal  govern- 
ment) 

Nebraska,  road  statistics  of,  276,  279;  ref- 
erence to,  277;  system  of  road  adminis- 
tration in,  324,  325 

Nevada,  road  statistics  of,  276,  279;  sys- 
tem of  road  administration  in,  325 

New  Castle  County   (Delaware),  302,  303 

New  England,  settlers  from,  4;  influence 
of,  6,  35;  oldest  road  in,  266;  unit  of 
road  administration  in,  283 

New  Hampshire,  road  statistics  of,  276, 
279;  State  aid  in,  281;  bond  issue  in, 
282;  system  of  road  administration  in, 
325-327 

New  Harmony,  362 

New  Jersey,  229;  policy  of  State  aid 
adopted  in,  271;  road  statistics  of,  276, 
279;  appropriations  for  State  aid  in, 
281;  system  of  road  administration  in, 
327,  328 

New  Jersey  State  Highway  Department, 
271 

New  Mexico,  road  statistics  of,  276,  279; 
State  aid  in,  281;  system  of  road  ad- 
ministration in,  328,  329 

New  York,   influence  of,   6,    7;   system   of 


local  government  in,  7,  126,  127,  135, 
139;  plank  roads  in,  65,  364;  reference 
to,  111,  113,  229;  early  road  legisla- 
tion in,  266 ;  turnpikes  in,  267 ;  road 
statistics  of,  277,  279;  State  aid  in, 
281;  bond  issue  in,  282;  system  of  road 
administration  in,  329-331 

New  York  City,  68 

Newberry,  Byron  W.,  address  by,  229 

Newspapers,  discussion  in,  133 

Nichols,  Pliny,  paper  read  by,  187-189; 
reference  to,  191,  193 

Nichols,  Samuel  D.,  bill  introduced  by,  180 

Non-residents,  assessment  of  road  taxes  on 
property  of,  9,  10,  43,  108,  116,  117; 
provision  for  notification  of,  59;  act 
relative  to  road  taxes  of,  149;  reference 
to,  171 

North  Carolina,  road  statistics  of,  277, 
279;  system  of  road  administration  in, 

331,  332 

North  Dakota,  277;  road  statistics  of,  277, 
279;  system  of  road  administration  in, 

332,  333 
Northwestern   Railroad,    229 

Obstruction  of  highways,  penalty  for,  30; 
act  relative  to,  48,  50,  51 

Obstructions,  removal  of,  117 

Ocean  to  ocean  highway,  273 

Officers,  argument  against  large  numbers 
of,  98,  134 

Offices,  belief  in  multiplicity  of,  85 

Ohio,  1,  111,  189,  229,  277;  laws  of, 
copied  in  Territory  of  Iowa,  4,  5,  26, 
34,  35,  36,  54,  55;  act  of,  copied  in 
other  jurisdictions,  30;  road  law  of,  33, 
34;  plank  roads  in,  65,  364;  road  sta- 
tistics of,  277,  279;  State  aid  in,  281; 
system  of  road  administration  in,  334, 
335 

Ohio  River,  1 

Ohio  Valley,  need  of  roads  from  Atlantic 
Ocean  to,  267 

Oklahoma,  State  aid  in,  271,  272,  281; 
reference  to,  277;  road  statistics  of, 
277,  279;  system  of  road  administration 
in,  335-337 

Old  Northwest,  inheritances  of  Iowa  from, 
3;  necessity  of  studying  statutes  of,  4 

Old  Stone  Capitol,  53,  54 

Orchard  land,  laying  out  of  roads 
through,  11,  148,  149 

Oregon,  road  statistics  of,  277,  279;  sys- 
tem of  road  administration  in,  337 

Osage  orange  hedges,  trimming  of,  200, 
243 

Overseers  of  highways,   5,   6,    15,   27;   ap- 


414       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 


pointment  of,  8;   powers  and  duties  of, 

8-11;  successors  to,  28 
Overseers  of  poor,  32 
Owen,  Robert  Dale,  363 

Pacific  Coast,  187 

Pacific  highway,   273 

Page,    Logan    Waller,    statement   by,    269, 

272,  273 ;  reference  to,  395,  396 
Palmer,  T.  H.,  187,  190 

Parish,  importance  of,  in  Virginia,  266 

Parker,  L.  F.,  379 

Partnership,   72 

Patterson,  John  C.,  157 

Patterson,  Senator,  375 

Patterson,  William,  bill  reported  by,  42 

Paul,  D.  F.,  379 

Paulk,  Charles,  bill  introduced  by,   129 

Payne,  W.  P.,   191,  379 

Pearson,   A.,    379 

Penn,   William,   266 

Pennsylvania,  111,  277;  early  road  laws 
in,  266;  turnpikes  in,  267;  financial 
failure  of  toll  roads  in,  268;  educational 
campaign  in,  273,  274;  road  statistics 
of,  277,  279;  State  aid  in,  281;  agita- 
tion for  bond  issue  in,  282;  system  of 
road  administration  in,  337-339 

Pennsylvania,  State  College  of,  good  roads 
movement  encouraged  by,  273,  274 

Pennsylvania,  State  Highway  Department 
of,  good  roads  movement  encouraged  by, 

273,  274 

Pennsylvania  Railroad,  special  train  run 
by,  273,  274 

Perkins,  Solomon,  18 

Petitioners,  expenses  paid  by,  33;  bond 
required  of,  39,  40 

Philadelphia,  68 

Pioneers,  adaptation  of  statutes  from  old- 
er States  by,  27;  need  of,  for  roads,  52, 
53 ;  difficulties  of,  in  marketing  produce, 
74 

Plank  roads,  forerunner  of  acts  relative 
to,  31;  right  to  construct,  granted  to 
corporations,  57,  75;  examples  of  acts 
for  establishing,  59-62;  width  of,  61; 
number  of,  provided  for,  62;  number  of, 
laid  out,  62,  63;  high  cost  of,  63;  ne- 
cessity for,  63,  73,  74,  75;  arguments 
in  favor  of,  63-66,  67-70;  demand  for 
general  law  relative  to,  65,  66 ;  con- 
struction of,  in  United  States,  65;  char- 
acter of  companies  constructing,  67;  as- 
sessment of  damages  in  connection  with, 
67;  failure  of  General  Assembly  to  enact 
general  law  relative  to,  67;  need  for 
more  liberal  laws  relative  to,  72;  refer- 


ence to,  74,  82,  161,  222;  demand  for 
State  regulation  of,  76;  description  of, 
360,  361;  estimate  of  cost  of,  361; 
method  of  building,  362;  statement  of 
advantages  of,  362-364;  arguments  in 
favor  of  general  law  on  subject  of,  364- 
366 

Plymouth  (Massachusetts),  road  from 
Boston  to,  266 

Political  science,  road  problem  from  stand- 
point of,  282 

Polk  County,  246;  investigation  in,  256, 
257,  264;  proceedings  against  super- 
visor of,  257;  resignation  of  supervisor 
of,  257 

Poll  taxes,  44,  91,  94,  102,  161,  168,  177, 
190 

Pools,  restraint  of  competition  by  means 
of,  247 

Pottawattamie  County,  county  judge  sys- 
tem in,  98 

Pound-masters,  election  of,  6 

Prairie  du  Chien,  road  from  Farmington 
to,  18,  354 

Private  roads,  supervision  and  control  of, 
47;  reference  to,  49;  act  relative  to, 
144-146,  154,  204;  act  relative  to,  de- 
clared unconstitutional,  151,  152 ;  re- 
peal of  act  relative  to,  160 

Probate  judge,  petition  for  creation  of  of- 
fice of,  110 

Produce,  need  for  better  means  of  trans- 
portation of,  63,  64;  value  of  plank 
roads  in  marketing  of,  65 ;  desire  of 
farmers  for  market  for,  68 ;  difficulty  of 
marketing,  69,  74 

Property,  levy  of  road  taxes  on,  41,  43,  44, 
91,  92,  140,  177,  208,  209,  243,  244, 
252;  resolutions  relative  to  levy  of  road 
taxes  on,  42;  taking  of,  for  public  use, 
66,  75,  121,  122,  151,  175,  177 

Pryce,  S.  D.,  communication  by,  184,  185; 
reference  to,  186,  379 

Public,  protection  of  rights  of,  62,  66,  67, 
72,  75 ;  relation  of  corporations  to,  73 

Public  lands,  provision  relative  to  pro- 
ceeds of  sale  of,  108,  109 

Public  school  system,   163 

Public  service  corporations,  taking  of 
property  by,  66;  problem  of  regulating, 
66,  74;  State  regulation  of,  75,  76 

Publicity,   importance  of,   274 

Pusey,  W.  H.  M.,  minority  report  by,   132 

Raccoon  River,  3 

Railroad  rates,  right  to  regulate,  60 
Railroads,    57,    63,    69,    70,    74,    107,    161, 
200;  plank  roads  as  supplements  to,  63, 


INDEX 


415 


64;  arguments  in  favor  of,  68;  need 
for  more  liberal  laws  relative  to,  72; 
necessity  for,  73;  precursors  of,  75; 
bridges  of,  171;  privilege  granted  to, 
171;  large  sums  expended  on,  187;  sys- 
tem in  construction  of,  198;  regulation 
of,  196;  development  of,  222,  270;  car 
famine  on,  229 ;  relation  between  roads 
and,  229,  230,  280;  engineering  skill 
required  in  building,  245,  270;  turn- 
pikes supplanted  by,  268,  269;  special 
road  trains  run  by,  273,  274;  effect  of 
coming  of,  280 

Railway  station,  private  roads  to,  204 

Railway  toll  bridges,  rules  relative  to,  168, 
169 

Reform,  arguments  against,  79;  necessity 
of  local  option  in  plan  for,  188,  189; 
difficulty  in  securing,  236;  importance 
of  publicity  in  movement  for,  274 

Remonstrance,  right  of,  22 ;  action  in  case 
of,  23,  33 ;  reference  to,  45,  57,  166,  206 

Reports,  requirement  relative  to,  102,  116, 
117  (see  also  Accounts) 

Representation,  82;  essential  features  of 
true,  83,  85,  98;  principle  of,  286,  287, 
288 

Revenues,  273;  comparative  study  of,  274- 
278;  amount  of,  required  for  road  work, 
287 

Reviewers,  appointment  of,  22,  23,  47; 
penalty  for  neglect  of  duty  by,  39;  ref- 
erence to,  164 

Revised  Statutes,  provisions  of,   46,   47 

Revision  of  1860,  road  legislation  in,  135- 
137 

Revolutionary  War,   266,   267 

Rhode  Island,  road  statistics  of,  277,  279; 
State  aid  in,  281;  agitation  for  bond 
issue  in,  282 ;  system  of  road  adminis- 
tration in,  339,  340 

Ridges,  trails  along,   1,  2 

River  to  River  Road,   273 

Rivers,  use  of,  for  transportation,  2,  69, 
74;  settlements  on,  16;  bridges  over 
boundary,  196,  211 

Riverton   Township    (Floyd   County),    375 

Road  administration,  system  of,  in  Terri- 
tory of  Michigan,  7-16,  27;  example  of 
extreme  decentralization  in,  16;  change 
from  township  to  county  system  of,  20; 
centralization  in,  21;  change  in  system 
of,  28;  increased  authority  given  to 
township  in,  32;  system  of,  established 
in  1840,  32-40;  dual  system  of,  36,  55; 
tendencies  in,  40;  importance  of  sub- 
ject of,  in  1842-1843,  45,  46 ;  local  char- 
acter of  question  of,  53,  269;  system  of, 


inherited  by  State,  57;  improvement  of, 
by  Code  of  1851,  77,  78;  arguments  for 
and  against  centralization  in,  79-86; 
system  of,  adopted  in  1851,  86-95;  sug- 
gestions for  solution  of  current  prob- 
lems of,  92;  change  to  township  system 
of,  99;  sentiment  in  favor  of  township 
system  of,  104;  lack  of  sentiment  in 
favor  of  centralization  in,  105 ;  relation 
of,  to  local  government,  109,  126,  136, 
137;  compromise  in,  118;  decisions  rel- 
ative to,  121-123,  151;  gradual  change 
in,  126;  objection  to  reforms  in,  131, 
132;  system  of,  in  1860,  136,  137; 
waste  in,  161;  officers  and  boards  en- 
gaged in,  164;  system  of,  in  1873,  164- 
169;  comparatively  small  change  in, 
since  1873,  170,  206,  207;  increased 
appreciation  of  problem  of,  177;  neces- 
sity for  larger  unit  of,  177,  223;  bills 
proposing  changes  in,  179,  180 ;  im- 
portance of  county  in,  183,  252,  261, 
262;  optional  township  system  of,  195; 
realization  of  defects  in,  201;  greater 
authority  given  to  county  in,  204;  town- 
ship as  unit  of,  209;  function  of  local 
units  in,  210;  change  in,  by  Anderson 
law,  212,  213;  importance  of  State 
Highway  Commission  in,  217;  effort  to 
force  backward  step  in,  219;  unreadi- 
ness of  people  for  reform  in,  227;  issues 
in  reference  to,  246;  recommendations 
relative  to,  246-249;  bill  for  more  ef- 
ficient, 251;  separation  of  functions  in, 
260;  importance  of  township  in,  262- 
264;  neglect  of  question  of,  268;  reasons 
for  inefficiency  in,  269-271;  systems  of, 
in  different  States,  272;  importance  of 
centralization  in,  273,  283-286;  effect  of 
local  system  of,  283 ;  relation  of  central- 
ization in,  to  democracy,  286-288;  data 
relative  to,  in  various  States,  293-350 
Road  Congress,  first  national,  265 
Road  Convention,  State,  call  for  first,  184- 

186;  meeting  of,  186-192 
Road  districts,  6,  15,  27,  213;  establish- 
ment of,  8,  36;  division  of  expense  of 
roads  between  townships  and,  14;  di- 
vision of  townships  into,  32,  34,  99,  100, 
124,  167,  168,  231,  232,  260;  formation 
of,  in  Johnson  County,  53 ;  petition  for 
establishment  of,  100 ;  distribution  of 
funds  to,  102;  boundaries  of,  114;  legal 
character  of,  122;  requirement  relative 
to  expenditure  of  road  taxes  in,  142, 
149,  150;  financial  authority  taken 
from,  150;  organization  of  cities  into, 
169;  recommendation  relative  to,  170, 


416       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 


171;  statement  concerning  tax  belonging 
to,  176;  abolition  of,  recommended,  161, 
178;  function  of,  164;  movement  toward 
abolition  of,  183;  suggestion  of  Nichols 
relative  to,  189;  funds  belonging  to, 
196;  securing  of  stone  by,  204;  consol- 
idation of,  206,  211,  212,  214,  215,  222, 
251,  260;  result  of  system  of  small,  224; 
bill  for  division  of  townships  into,  228; 
provision  for  number  of,  241,  242 

Road  drag  law,  recommendation  of,  230 

Road  dragging  districts,  establishment  of, 
256  (see  also  Dragging) 

Road  drags,  special  trains  to  promote  use 
of,  273 

Road  funds,  recommendation  relative  to, 
234,  235  (see  road  taxes) 

Road  improvement  districts,  establishment 
of,  237,  243,  247;  share  of,  in  cost  of 
improvements,  247,  248 

Road  laws,  provision  for  publication  on, 
142,  160,  176,  210;  recommendations 
relative  to,  161;  paper  on  reform  in, 
187-189;  difficulty  in  making  revision 
of,  188 ;  suggestion  of  changes  in,  201 ; 
demand  for  changes  in,  214;  reference 
to,  223 ;  resolution  relative  to,  245 ;  re- 
vision of,  246,  250;  earliest,  in  America, 
266 

Road  legislation,  Michigan  period,  5-16, 
26,  27;  Wisconsin  period,  16-26,  27,  28; 
session  of  1838-1839,  29-31;  session  of 
1839-1840,  32-40;  extra  session  of  1840, 
40;  session  of  1840-1841,  40,  41;  ses- 
sion of  1841-1842,  41-45;  session  of 
1842-1843,  45-48;  session  of  1843-1844, 
48;  special  session  of  1844,  48;  session 
of  1845,  48-50;  session  of  1845-1846, 
50,  51;  session  of  1846-1847,  57,  58; 
session  of  1848-1849,  59-62;  provisions 
of  Code  of  1851,  86-95;  session  of  1852- 
1853,  100-103;  session  of  1854-1855, 
104-106;  session  of  1856-1857,  106, 
107;  session  of  1858,  109-121;  Revision 
of  1860,  135-137;  session  of  1862,  140- 
142;  session  of  1864,  142;  session  of 
1866,  144-146;  session  of  1868,  148- 
151;  session  of  1870,  159,  160;  session 
of  1872,  161;  provisions  of  Code  of 
1878,  163-169;  session  of  1874,  171; 
session  of  1876,  172,  173;  session  of 
1878,  173,  174;  session  of  1880,  175, 
176;  session  of  1882,  179-181;  session 
of  1884,  192-196;  session  of  1886,  196, 
197;  session  of  1888,  198,  199;  session 
of  1890,  200;  session  of  1892,  200;  ses- 
sion of  1894,  204;  session  of  1896,  205, 
206;  provisions  of  Code  of  1897,  206- 


210;  session  of  1898,  210;  session  of 
1900,  211;  session  of  1902,  211-213; 
session  of  1904,  218-220;  session  of 
1906,  226-228;  session  of  1907,  231- 
233;  session  of  1909,  237-244;  session 
of  1911,  250-256;  forces  in,  260;  com- 
parative study  of,  265-289;  first  scien- 
tific study  of,  269;  conclusions  relative 
to,  287,  288 

Road  maps,  requirements  relative  to,  92, 
93  (see  also  Maps) 

Road  materials,  new  processes  in  manufac- 
ture of,  203;  investigation  of,  221,  238; 
information  concerning,  234;  experi- 
ments relative  to,  236;  intelligent  use  of, 
282;  reference  to,  289 

Road  plats,  filing  of,  19,  20,  37,  51,  90, 
91,  106,  166,  171,  207;  reference  to, 
47;  preparation  of,  166,  167 

Road  superintendents,  bill  for  election  of, 
231;  retention  of  principle  of  appoint- 
ment of,  232;  reference  to,  237,  238; 
meeting  of,  239;  provision  for  election 
of,  241,  242 

Road  supervisors,  powers  and  duties  of, 
24,  25,  36,  43,  44,  196,  197;  predeces- 
sors of,  28;  reference  to,  32,  33,  164, 
166;  appointment  of,  35;  election  of, 
35;  act  defining  duties  of,  41,  44;  col- 
lection of  delinquent  taxes  by,  49,  50 
(see  also  county  road  supervisors,  dis- 
trict road  supervisors,  etc.) 

Road  taxes,  assessment  of,  9,  10,  13,  41; 
distribution  of,  14,  149,  150,  182,  220, 
240,  243;  levy  of,  23,  24,  91,  92,  115- 
117,  124,  163,  164,  167,  168,  185,  208, 
210,  211,  213,  219,  243,  244;  provi- 
sions relative  to  delinquent,  25,  26; 
working  out  of,  36;  sentiment  in  favor 
of  levy  of,  on  property,  41;  act  relative 
to  levy  of,  41,  43,  44,  48,  49,  50 ;  resolu- 
tions relative  to,  42,  245,  246;  reduc- 
tion of,  48;  collection  of  delinquent,  49, 
50,  117,  150;  reference  to,  56,  87,  140, 
174,  229;  administration  of,  94,  111, 
128,  141,  142;  list  of  persons  liable  to 
pay,  102 ;  order  for  transfer  of,  102 ; 
insufficiency  of,  106 ;  suits  for  failure 
to  pay,  106;  report  relative  to,  116,  117; 
prevention  of  evasion  of,  117;  levy  of, 
in  cities,  137,  138;  manner  of  payment 
of,  141,  149,  154,  167,  177,  241,  242, 
260;  law  of  1866  relative  to,  144;  act 
relative  to,  on  non-residents,  149;  effect 
of  judicious  expenditure  of,  175;  ex- 
penditure of,  176,  196,  225,  226,  233; 
payment  of,  in  cash  recommended,  178, 
179,  193,  210,  211,  213;  effort  to  secure 


INDEX 


417 


payment  of,  in  cash,  179,  180,  183; 
table  showing  amount  of,  181,  259; 
amount  of,  paid  in  labor,  182 ;  wasteful- 
ness of  payment  of,  in  labor,  185 ;  objec- 
tions to  payment  of,  in  cash,  188,  192, 
214;  resolution  favoring  payment  of,  in 
money,  190 ;  recommendations  of  Coffin 
relative  to,  191,  192;  provision  for  pay- 
ment of,  in  cash,  195;  levy  of,  by  coun- 
ties, 195,  204,  208,  209,  215;  waste  in 
expenditure  of,  199;  approval  of  pay- 
ment of,  in  money,  201;  extension  of 
time  for  payment  of,  210;  collection  of, 
212;  investigations  relative  to,  221;  rec- 
ommendation relative  to,  225;  bills  rela- 
tive to,  226,  228,  231,  232,  240;  in- 
crease in  levy  of,  by  counties,  240;  im- 
portance of  payment  of,  in  money,  270; 
waste  of,  in  Illinois,  271;  comparative 
study  of,  274-279;  data  relative  to,  in 
various  States,  293-350 
Roads,  character  of  early,  1-3,  53 ;  absence 
of,  in  early  Iowa,  2 ;  relation  of  problem 
of,  to  local  government,  4;  record  of,  4, 
7,  51,  115,  166,  167;  importance  of 
township  in  administration  of,  6,  7;  re- 
pair of,  7,  87,  92,  105,  106;  supervision 
of,  7,  8,  137;  laying  out  of,  7,  11,  12, 
21,  37,  163,  164;  persons  required  to 
work  on,  8,  9,  23,  114,  138,  142 ;  finan- 
cial account  of  work  on,  10,  11 ;  penalties 
for  obstruction  of,  12,  30,  171;  width 
of,  12,  21,  37,  59,  87,  121,  202,  203, 
207,  233;  decentralization  in  supervision 
of,  14;  provision  in  case  of  dissatisfac- 
tion with  laying  out  of,  14,  15 ;  parcel- 
ling of  authority  over,  15,  16 ;  lack  of 
work  upon,  in  early  Iowa,  16;  sum  re- 
quired to  commute  for  work  on,  17; 
need  of,  in  early  Iowa,  17;  appointment 
of  viewers  for,  21,  33,  37;  petitions  for, 
21,  33,  47,  165,  166,  192,  193,  207; 
method  of  changing  course  of,  22,  23, 
47;  method  of  vacating,  23,  25,  38,  47; 
supervision  of  actual  work  on,  24;  of- 
ficers having  authority  over,  26,  27;  rec- 
ommendation of  Lucas  relative  to,  29; 
location  of,  on  county  lines,  39,  90,  93, 
173,  208;  requirements  for  work  on,  41, 
43,  44;  demand  for  change  in  laws  rela- 
tive to,  46 ;  location  of,  on  township 
lines,  46,  47;  distinction  between  classes 
of,  47,  48;  act  relative  to  obstruction  of, 
48,  50,  51;  need  of,  in  early  Iowa,  52, 
53;  need  for  permanent,  63,  203;  en- 
largement of  authority  of  county  over, 
78;  authority  of  county  judge  over,  86, 
87,  89,  90;  property  tax  for,  91,  92; 

27 


account  of  money  expended  on,  94;  cer- 
tificates for  labor  on,  94;  joint  super- 
vision of,  95;  dragging  of,  96,  227,  240, 
243,  246,  250,  256;  transfer  of  fiscal 
authority  over,  101,  102;  recommenda- 
tion of  Hempstead  relative  to,  103;  at- 
tempt to  distribute  authority  over,  104; 
act  relative  to  resurvey  of,  106,  166; 
special  legislation  relative  to,  prohibited, 
108,  118;  act  of  Congress  setting  aside 
funds  for,  108,  109;  act  relative  to  mak- 
ing and  repairing  of,  114-118;  maps  of, 
115,  167,  168;  time  of  working,  117; 
legal  status  of  land  used  for,  122,  123; 
authority  over,  transferred  to  township, 
123,  124;  backward  movement  in  super- 
vision of,  126,  127;  scarcity  of  labor  on, 
during  war,  138;  prohibition  of,  across 
State  lands,  150;  jurisdiction  of  circuit 
courts  over,  150,  151;  jurisdiction  of 
county  supervisors  over,  152 ;  act  to 
legalize  laying  out  of,  160,  163 ;  waste 
in  administration  of,  161;  actual  work 
on,  164,  209,  210,  213;  provisions  of 
Code  of  1873  relative  to,  163-169;  privi- 
lege of  lowering,  given  to  railroads,  171; 
penalty  for  failure  to  work  on,  172; 
cattle-ways  across,  173,  199;  importance 
of  good  system  of,  175;  use  of,  by  street 
railways,  175,  200,  211,  233;  persons 
asking  for  poor  relief  to  labor  on,  176; 
value  of,  more  than  local,  182;  com- 
munication of  Pryce  relative  to,  184, 
185 ;  economic  loss  from  bad,  185 ;  reso- 
lution relative  to  letting  of  work  on,  by 
contract,  190,  191;  act  of  1884  to  pro- 
mote improvement  of,  194-196,  214;  pro- 
vision for  letting  of  work  on,  by  con- 
tract, 195 ;  length  of  day's  work  on,  196 ; 
establishment  of,  along  streams,  197; 
cutting  of  timber  for  use  on,  197;  dis- 
cussion of  engineering  problems  of,  197, 
198;  need  of  expert  supervision  of,  201; 
classification  of,  201;  plan  of  State  su- 
pervision of,  201,  202;  reasons  for  poor 
character  of,  202,  203 ;  picture  of  con- 
ditions on,  203 ;  breaking  of  stone  for 
use  on,  204;  traction  resistance  of,  217, 
226,  289;  relation  between  prices  of 
agricultural  products  and  condition  of, 
217;  miles  of,  in  Iowa,  221;  suggestion 
relative  to  permanent,  221;  revival  of 
interest  in  improvement  of,  222;  back- 
wardness of  Iowa  in  matter  of,  223 ; 
letting  of  work  on,  by  contract,  224; 
reason  for  poor  condition  of,  224;  value 
of  King  Drag  on,  226;  relation  between 
railroads  and,  229,  230,  280;  lack  of 


418       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 


scientific  information  concerning,  230; 
method  of  work  on,  232;  law  relative  to 
encroachments  on,  233;  use  of,  for  wa- 
ter mains,  233;  plans  for  permanent, 
235;  supervision  of,  by  road  engineer, 
239;  bonds  for  constructing,  240;  bill  to 
promote  building  of  permanent,  242, 
243,  244;  use  of,  for  electric  wires,  242; 
engineering  skill  required  in  building, 
245,  270;  arguments  for  more  efficient 
care  of,  246;  need  of  State  supervision 
of,  247;  drainage  of,  248,  249,  250; 
specifications  for,  252;  need  for  engineer 
to  supervise  building  of,  262;  character 
of  work  on,  in  past,  263;  colonial  laws 
relative  to,  266;  need  of,  between  East 
and  West,  267;  neglect  of,  after  Civil 
War,  268;  miles  of,  in  United  States, 
269,  275;  expenditure  for,  in  United 
States,  269,  275;  neglect  of  improve- 
ment of,  270;  progress  of  policy  of  State 
aid  for,  271,  272;  revenue  for  support 
of,  273;  economic  value  of  good,  273; 
comparative  study  of  revenues  for,  274- 
279;  statistics  of,  in  various  States,  276, 
277,  279;  bond  issues  for  building  of, 
282;  need  of  expert  centralization  of, 
282-286;  need  of  business-like  super- 
vision of,  284;  problem  of  building  per- 
manent, 287;  waste  in  administration 
of,  288,  289;  comparative  data  relative 
to  administration  of,  293-350  (see  also 
State  roads,  Territorial  roads,  County 
roads,  Township  roads,  etc.) 
Rockford  Township  (Floyd  County),  375 
Rockgrove  Township  (Floyd  County),  375 
Romans,  roads  built  by,  270 
Rural  route  roads,  dragging  of,  248 
Russian  thistles,  extermination  of,  205 

Sac  and  Fox  Indians,  vacation  of  Black 
Hawk  Purchase  by,  1 

St.  Charles  Township  (Floyd  County),  157, 
375 

St.  Louis,  51 

Salaries  of  road  officials,  data  relative  to, 
293-350 

San  Francisco,  harbor  commissioners  of, 
297 

Sand-clay  roads,  274 

Schmidt,  L.  B.,  acknowledgment  to,  xi 

School  directors,  authority  given  to,  181 

School  fund  commissioner,   81 

Scott,  John,  186;  speech  by,  187 

Secretary  of  State,  duties  of,  91;  reference 
to,  176 

Secretary  of  Territory,  returns  of  road  sur- 
veys filed  with,  20 


Separation  of  powers,  application  of  doc- 
trine of,  15,  16 

Settlements,  location  of  early,  16;  exten- 
sion of,  17;  importance  of  roads  to,  268 

Settlers,  coming  of,  to  Iowa,  1;  trails  fol- 
lowed by,  1,  2;  nativity  of,  4;  character 
of,  123 

Shambaugh,  Benj.  F.,  introduction  by,  vii; 
acknowledgment  to,  xi 

Shaw,  Leslie  M.,  recommendations  of,  210, 
211 

Sheriff,  25;  duty  of,  50;  election  and  term 
of  office  of,  86 

Sherman,  Buren  R.,  recommendations  of, 
178,  179,  193,  194;  reference  to,  183, 
187,  194,  195,  214,  288 

Sherrill,  Adam,  18 

Skunk  River,  3 

Smith,  Carey  R.,  379 

Smith,  Fred  N.,  bill  introduced  by,  242 

Smith,  Ralph  B.,  acknowledgment  to,  360 

South,  settlers  from,  4;  influence  of,  35; 
early  road  legislation  in,  266;  unit  of 
road  administration  in,  283 

South  Carolina,  road  statistics  of,  277, 
279;  system  of  road  administration  in, 
340,  341 

South  Dakota,  State  aid  in,  272;  road  sta- 
tistics of,  277,  279;  reference  to,  277; 
system  of  road  administration  in,  341 

Special  legislation,  prohibition  of,   107,  108 

Specie  payments,  prohibition  of  suspension 
of,  73 

Split  log  road  drag,  bill  relative  to,  226; 
endorsement  of,  227 

Stakes,  marking  of  road  by,  18,   19 

Standard  Oil  Company,  76 

Stark,  N.  M.,  257 

Starr,  H.  W.,  report  by,  361,  362 

State,  regulation  of  corporations  by,  75, 
76;  supervision  and  control  of  roads  by, 
96;  laying  out  of  roads  through  land 
owned  by,  150;  plan  for  supervision  of 
roads  by,  201,  202;  share  of,  in  cost  of 
improvements,  247;  need  of  road  super- 
vision by,  247,  283 ;  county  as  link  be- 
tween township  and,  252 ;  raising  of 
road  taxes  for,  252 ;  expenditure  of  mon- 
ey by,  287;  desirability  of,  as  unit  of 
road  administration,  287;  functions  of, 
in  road  administration,  288 

State  aid,  distribution  of,  235,  238;  bill 
providing  for,  237;  resolution  relative 
to,  245;  reference  to,  246,  260;  adop- 
tion of  policy  of,  271,  272,  281;  char- 
acter of,  272,  281;  amount  of,  in  United 
States,  275-279;  comparative  study  of, 
278,  280-282;  foundation  of  policy  of, 


INDEX 


419 


280;  issue  of  bonds  for,  281,  282;  data 
relative  to,  in  various  States,  293-350 

State  Auditor,  260 

State  boundary  roads,   233 

State  College,  reasons  for  location  of  High- 
way Commission  at,  230 

State  Highway  Commission,  185,  190,  223, 
227,  231,  236,  241,  244,  251,  252,  260, 
282,  390;  importance  of,  in  history  of 
road  legislation,  217;  establishment  of, 
217,  218,  250;  powers  and  duties  of, 
218;  work  of,  220-223;  reasons  for  lo- 
cating, at  State  College,  224,  225,  230; 
report  of,  225,  226,  233-236;  publica- 
tion of  report  of,  233;  enlargement  of 
powers  of,  suggested,  235,  236;  effect  of 
recommendations  of,  237;  bills  relative 
to,  237-239;  bill  for  appropriation  for, 
239 ;  efforts  of,  in  support  of  road  bills, 
240 ;  history  of  work  of,  246 ;  recom- 
mendations of,  246-249,  390,  391;  sur- 
vey of  Polk  County  by,  257,  258;  in- 
vestigations in  Clinton  County  by,  259; 
importance  of  work  of,  261 ;  opposition 
to  work  of,  392 

State  highway  commissioner,   270 

State  highway  commissions,  data  relative 
to,  293-350 

State  Highway  Department,  act  creating, 
250 

State  Highway  Engineer,  act  creating  of- 
fice of,  250 

State  institutions,  street  railway  on  roads 
to,  200;  roads  across  lands  of,  200; 
authority  of  trustees  of,  206 

State  lands,  road  across,  200;  provision 
for  roads  on  or  adjacent  to,  242 

State  quarry,  breaking  of  stone  at,  204 

State  Road  Convention,  resolutions  of  first, 
190,  191,  213;  reference  to  first,  195 

State  road  improvement  association,  sug- 
gestion for  organization  of,  189 

State  roads,  petition  for  laying  out  of,  57; 
laying  out  of,  57,  58,  90,  91;  act  regu- 
lating, 57,  58,  136;  number  of,  58; 
abuses  in  connection  with,  58,  59,  107; 
prohibition  of  special  legislation  relative 
to,  73;  width  of,  87;  manner  of  estab- 
lishing, 87,  90,  91;  relation  between 
county  roads  and,  91;  acts  establishing, 
103,  106;  last  acts  relative  to,  107; 
general  law  relative  to,  114,  118-121; 
character  of,  202,  203 

States,  turnpikes  financed  by,  267;  neglect 
of  roads  by,  268;  interest  of,  in  roads, 
269;  progress  in  road  legislation  in, 
272;  more  scientific  revenue  systems  in, 
275;  road  statistics  of  various,  276, 


277,  279;  systems  of  road  administra- 
tion in  various,  293-350 

Steel,  cost  of,  289 

Stipe,  W.  F.,   245 

Stockholders,  protection  of  rights  of,  60, 
61,  62,  67,  72;  liability  of,  70,  71,  72, 
73 

Stone,  breaking  of,  by  convict  labor,  204; 
furnishing  of,  to  counties,  281 

Stone  gravel  roads,   238 

Stone  quarry,  establishment  of  highways 
to,  171,  204 

Stone  roads,  221,  224,  226;  statistics  of, 
276,  277 

Story  County,  191 

Strains,  law  of,  289 

Street,  legal  status  of  land  used  for,  122, 
123 

Street  commissioners,  237,  238 

Street  railway  companies,  privilege  grant- 
ed to,  175 

Street  railways,  privilege  of  using  roads 
given  to,  200,  211,  233 

Streets,  improvement  of,  138;  control  of, 
169 

Stresses,  law  of,  289 

Superintendent  of  bridges,  24 

Supervisor  districts,  bill  providing  for, 
148;  proposal  to  establish,  156,  157 

Supervisor  system  of  county  government, 
objections  to,  139 ;  sentiment  in  favor 
of,  143,  144;  dissatisfaction  with,  146, 
147,  155,  156 ;  arguments  in  favor  of, 
159;  abandonment  of,  182 

Supervisors  (see  county  supervisors,  town- 
ship supervisors,  and  road  supervisors) 

Supreme  Court,  decisions  of,  121-123,  137, 
138,  146,  148,  151,  152  154,  160,  200, 
201,  204,  205,  206 

Surfaced  roads,  suggestion  relative  to,  247; 
table  of  statistics  of,  276,  277 

Surveyors,  duties  of,  in  laying  out  Terri- 
torial roads,  19,  20;  payment  of,  33; 
appointment  of,  34,  40;  penalty  for  neg- 
lect of  duty  by,  39;  reference  to,  266 

Surveyors'  and  Civil  Engineers'  Associa- 
tion, Iowa,  meeting  of,  197 

Sussex  County  (Delaware),  302 

Taxation,  prohibition  of  special  laws  rela- 
tive to,  73,  108 ;  enlargement  of  author- 
ity of  county  over,  78 ;  backward  move- 
ment in,  79 ;  reference  to,  82,  163 ;  his- 
tory of,  207;  equitable  system  of,  271; 
basis  of,  286 

Taxes   (see  road  taxes  and  bridge  taxes) 
Taxpayers,   protection   of,    14,   22 
Tennessee,    road    statistics    of,    277,    279; 


420       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 


system  of  road  administration  in,  341, 
342 

Territorial  roads,  act  for  laying  ont,  5,  45, 
48;  inauguration  of  policy  of  laying  out, 
17,  18;  number  of,  in  Iowa  country 
during  Wisconsin  period,  18;  first  act 
relative  to,  in  Iowa  country,  18,  19; 
general  act  relative  to,  19,  20 ;  width  of, 
20 ;  cost  of,  paid  by  counties,  20 ;  meth- 
od of  changing  course  of,  22,  23,  38, 
39;  act  relative  to,  29,  30,  32;  number 
of,  established  in  Territory  of  Iowa,  31; 
character  of,  31,  302;  laying  out  of,  37; 
supervision  and  control  of,  47;  refer- 
ence to,  49,  55;  act  relative  to  reloca- 
tion of,  50;  act  legalizing,  50,  51;  re- 
locating of,  58;  list  of,  354 

Test,  J.  D.,  amendment  by,   104 

Texas,  277;  road  statistics  of,  277,  279; 
system  of  road  administration  in,  342, 
343 

Thomas,  C.  H.,  245 

Tiling,  funds  for,  249 

Timber,  117;  cutting  of,  172,  173,  197 

Tipton,  59 

Toll  bridges,  act  relative  to,  160;  rules  rel- 
ative to,  168,  169 

Toll  rates,  list  of,  355,  356 

Toll  road,  act  relative  to,  30,  81 

Toll  roads,  popularity  of,  267;  financial 
failure  of,  268;  benefits  of,  268 

Tolls,  right  to  collect,  60,  61,  66;  regula- 
tion of,  60,  61;  disposition  of,  160,  162 

Toolsborough  Plank  Road  Company,  Bur- 
lington and,  right  of  way  granted  to,  62 

Topography  of  Iowa,  222,  225,  234 

Towns,  growth  of,  17;  act  regulating  roads 
in,  136;  construction  and  repair  of 
roads  by,  162 ;  authority  granted  to,  171, 
181,  182;  repair  of  country  roads  by, 
176;  reference  to,  191,  254;  securing  of 
stone  by,  204;  expenditure  of  road  funds 
in,  209 

Township,  15,  223,  286;  importance  of,  in 
Michigan,  26;  decrease  in  importance  of, 
27,  28,  29;  transfer  of  authority  to,  36; 
growing  importance  of,  55 ;  powers  vest- 
ed in,  74;  transfer  of  authority  from, 
78,  215 ;  position  of,  under  law  of  1851, 
92,  95,  96;  power  of,  in  road  matters, 
96;  financial  authority  given  to,  150; 
removal  of  line  of  demarcation  between 
county  and,  153;  function  of,  in  road 
administration,  164,  288;  importance  of, 
in  road  administration,  167,  209,  262- 
264;  effort  to  increase  importance  of,  180, 
181;  distinct  line  between  county  and, 
183;  suggestion  for  creation  of,  as  road 


district,  189;  separation  of  functions  of 
county  and,  215,  260;  county  as  link 
between  State  and,  252;  importance  of, 
in  New  England,  283;  smallness  of,  as 
unit,  284;  endorsement  of,  as  unit  of 
road  administration,  285;  expenditure  of 
money  by,  287  (see  also  Townships) 

Township  assessors,   112 

Township  board,  composition  of,  in  Michi- 
gan, 5;  duties  of,  in  Michigan,  5,  6; 
reference  to,  26,  28 

Township  clerk,  powers  and  duties  of,  4, 
17,  100,  101,  114,  115,  116,  117,  140, 

141,  149,  167,  212,  382,  383;  reference 
to,  5,  6,  7,  12,  13,  16,  26,  32,  109,  123, 

142,  153,  164,  168,  176,  179,  207,  220; 
election    of,    6;    statement    required    of, 
101,    102;    transfer    of    power    to,    105, 
124,    126,    171;    responsibility   of,    118; 
position  of,   125;  bond  required  of,   150, 
208;  statement  furnished  to,  176 

Township  collector,   16 

Township  government,  necessity  for  study 
of  history  of,  4;  monograph  on,  4;  sys- 
tem of,  in  Michigan,  5,  6;  functions  of, 
47;  demand  for  more  definite  system  of, 
48;  simplification  of,  77,  78;  road  ad- 
ministration a  function  of,  80;  invasion 
of  sphere  of,  97;  difference  of  opinion 
relative  to,  111;  reference  to,  126 

Township  road-master,  recommendation  rel- 
ative to,  179,  194;  movement  toward  ap- 
pointment of,  183 ;  resolution  relative  to, 
190,  191 

Township  road  superintendents,  appoint- 
ment of,  96,  97,  196,  212,  222,  228, 
260;  opposition  to,  188,  193,  214;  sug- 
gestion relative  to,  189 ;  powers  and 
duties  of,  196;  reference  to,  213,  226; 
road  instruction  for,  218;  disregard  of 
law  relative  to,  222,  223 

Township  road  supervisor,  bill  for  election 
of,  104;  reference  to,  167;  petition  in 
favor  of,  177;  movement  toward  ap- 
pointment of,  183 

Township  roads,  establishment  of,  83;  pe- 
tition for  establishment  of,  34;  authority 
of  trustees  over,  49 

Township  superintendent  of  dragging,   252 

Township  supervisors,  powers  and  duties 
of,  5,  6 ;  election  of,  6,  28 ;  reference  to, 
12,  26,  111,  153;  county  supervisors  to 
serve  as,  17 

Township  treasurer,   32 

Township  trustees,  32,  109,  123,  125,  138, 
146,  153,  164,  168,  177,  188,  191,  192, 
194,  205,  206,  214,  231,  232,  237,  240, 
262;  powers  and  duties  of,  32,  34,  39, 


INDEX 


421 


47,  49,  100,  101,  102,  114,  115,  117, 
118,  140,  141,  149,  150,  164,  167,  168, 
179,  195,  196,  208,  212,  220,  243,  252, 
256,  382-384;  important  function  of, 
36;  modification  of  powers  of,  80;  pow- 
ers which  should  be  vested  in,  96;  trans- 
fer of  authority  to,  99,  105,  123,  124, 
126;  road  funds  expended  by,  102;  re- 
port made  to,  102;  power  taken  from, 
137;  road  instruction  for,  218;  disre- 
gard of  Anderson  law  by,  222,  223;  ap- 
plication of,  for  State  aid,  238;  meeting 
of,  239 

Township-county  system  of  local  govern- 
ment, 7,  102;  importance  of  township 
trustees  under,  36;  concessions  to  advo- 
cates of,  182 

Townships,  first  law  relative  to,  4;  impor- 
tance of,  in  Territory  of  Michigan,  6,  7, 
12 ;  division  of,  into  two  road  districts, 
8,  32,  34,  99,  100,  124,  167,  168,  228, 
231,  232,  241,  260;  roads  on  line  be- 
tween, 11,  12,  46,  47;  division  of  ex- 
pense of  roads  between  road  districts 
and,  14;  division  of  expense  of  roads 
between  counties  and,  14;  Wisconsin  act 
relative  to  organization  of,  17;  greater 
authority  given  to,  32;  act  for  organiza- 
tion of,  32,  42,  48;  optional  provision 
for  establishment  of,  35;  division  of 
county  into,  41 ;  formation  of,  into  bod- 
ies corporate,  42 ;  study  of  road  admin- 
istration in,  53 ;  road  taxes  to  be  ex- 
pended in,  93;  appointment  of  deputies 
in,  93;  account  of  money  expended  in, 
94;  transfer  of  authority  to,  99,  101, 
102,  124,  251;  county  board  made  up 
of  supervisors  from,  127,  137;  bill  for 
reorganization  of,  129 ;  financial  power 
vested  in,  141 ;  road  plats  of,  166,  167 ; 
creation  of,  as  road  districts  recom- 
mended, 179;  authority  granted  to,  rela- 
tive to  bridges,  181,  182;  optional  sys- 
tem of  road  administration  by,  195; 
securing  of  stone  by,  204 ;  lack  of  change 
in  authority  of,  207;  consolidation  of 
road  districts  in,  211,  212,  214,  215, 
219,  222,  251;  abolition  of  tax  levy  by, 
recommended,  225;  bill  to  increase  tax 
levy  in,  226;  recommendation  relative  to 
road  funds  of,  234,  235;  cooperation  of 
State  with,  237;  distribution  of  State 
aid  to,  238;  distribution  of  road  taxes 
among,  240;  inadequacy  of  funds  of, 
248;  road  administration  in,  382-384 

Traction  engines,  regulation  of,  243 

Traction  resistance,  experiments  relative  to, 
217;  reference  to,  226,  288,  289 


Traffic,  amount  and  character  of,  234 
Trails,  use  of,  as  roads,  1,  2;  reference  to, 

16 

Training  for  road  work,  lack  of,  230 
Transportation,  difficulty  of,  2;  need  for 
better  facilities  for,  63;  importance  of 
good  facilities  for,  64,  65,  223;  plank 
roads  as  means  of,  64;  increased  facili- 
ties of,  64;  realization  of  importance  of 
efficient,  69;  disadvantages  of  poor,  to 
farmers,  69 ;  lack  of  facilities  of,  in  early 
Iowa,  74;  system  of,  before  coming  of 
railroad,  268,  269;  economics  of,  288, 
289 

Travel,  difficulties  of,  in  early  Iowa,  2,  3 
Trees,   blazing  of,    18,   19;    act  relative  to 

cutting  of,  172 
Troops,    effect  of   absence   of,   from   State, 

138 

Turkey  River,  3 

Turnpike  road,  act  providing  for,  30,  31 
Turnpikes,  need  for  more  liberal  laws  rela- 
tive to,  72 ;  necessity  for,  73 ;  passing  of, 
out  of  use,  161;  privilege  of  lowering, 
given  to  railroads,  171;  building  of, 
267;  supplanting  of,  by  railroads,  268, 
269 

Udell,  Nathan,  motion  by,  104,  105 
Union,   dependence  of,  on  system  of  high- 
way, 267,  269 

Union  Township  (Floyd  County),  375 
United  States,  land  ceded  to,  by  Sacs  and 
Foxes,  1;  act  relative  to  roads  estab- 
lished by,  5 ;  change  in  policy  of,  rela- 
tive to  public  lands,  108,  109;  compara- 
tive study  of  road  legislation  in,  265- 
289;  miles  of  roads  in,  269,  275;  first 
scientific  study  of  road  legislation  in, 
269;  spread  of  policy  of  State  aid  in, 
271,  272;  good  roads  movement  in,  272; 
expenditures  for  roads  in,  275-279;  data 
relative  to  road  administration  in,  293- 
350 
United  States  government,  aid  for  roads 

given  by,  238 

United  States  Office  of  Public  Roads,   Di- 
rector  of,    272 ;    encouragement  of   good 
roads  movement  by,  273,  274 
United  States  Steel  Corporation,  76 
Utah,   road   statistics   of,    277,   279;    State 
aid  in,  281;  system  of  road  administra- 
tion in,  343,  344 

Van  Bleck,  George  O.,  379 
Van  Buren  County,  51,  143 
Van  Law,  0.  H.,  bill  introduced  by,  250, 
251 


422       HISTORY  OF  ROAD  LEGISLATION  IN  IOWA 


Vermont,  229;  road  statistics  of,  277,  279; 
State  aid  in,  281;  system  of  road  ad- 
ministration in,  344,  345 

Viewers,  appointment  of,  21,  33,  34,  37, 
47,  59,  88,  120,  121,  145,  165;  report 
of,  21,  33,  37,  38;  payment  of,  33; 
penalty  for  neglect  of  duty  by,  39 

Villisca,   224,  230 

Virginia,  98;  early  road  laws  in,  266; 
road  statistics  of,  277,  279;  State  aid 
in,  281;  system  of  road  administration 
in,  345,  346 

Wages,  289 

Wallace,  Henry,  remarks  by,  229 

Wapello,  18,  354 

Wapsapinnicon  River,  3 

Warren  County,  petition  from,  177,  192, 
379,  380 

Washington,  George,  267 

Washington,  road  statistics  of,  277,  279; 
State  aid  in,  281;  system  of  road  admin- 
istration in,  346,  347 

Waste,  reasons  for,  in  road  administra- 
tion, 269-271;  reference  to,  283;  esti- 
mate relative  to,  288,  289 

Water  courses,  changes  in,  194;  act  rela- 
tive to,  211,  220,  226,  227 

Water  mains,  use  of  highways  for  laying 
of,  233 

Waterways,  use  of,  16;  reference  to,  268 

Weed,  James,  right  to  construct  road  grant- 
ed to,  59-61 

Weeds,  cutting  of,  196,  210,  211,  223,  234, 
237,  240,  242,  250 

Weeks,  E.  W.,  address  by,  225 

West,  Senator,  158 


West,  64 ;  need  of  roads  between  East  and, 
267 

West  Virginia,  road  statistics  of,  277,  279; 
reference  to,  277;  system  of  road  ad- 
ministration in,  348,  349 

Westward  movement,  266,  267 

What  Cheer,  187 

Whiteside's  mill,  354 

Whitney,  Ulysses  G.,  bill  introduced  by, 
250,  251,  252 

Wide  tires,  act  relative  to,  227;  compensa- 
tion for,  229 

Willow  hedges,  243 

Wilson,  George  E.,  Jr.,  indictment  of,  259 

Wilson,  Senator,  amendment  by,   372 

Wisconsin,  111,  277;  local  government  in, 
126,  127,  135;  road  statistics  of,  277, 
279;  State  aid  in,  281;  demand  for  ex- 
pert road  administration  in,  285,  286; 
road  administration  in,  349,  350 

Wisconsin,  Territory  of,  establishment  of, 
3,  17;  changes  in  laws  handed  down  by, 
4 ;  law  of,  copied  in  Iowa,  5,  55 ;  road 
legislation  during  period  of,  16-26,  27, 
28;  reference  to,  26,  29,  33,  40,  54; 
law  of  Ohio  copied  by,  30;  system  of 
local  government  in,  34,  35;  Territorial 
roads  in,  354 

Woodward,  William  G.,  367 

Wright,  George  G.,   122,  353 

Wyoming,  State  aid  in,  272,  281;  road 
statistics  of,  277,  279;  system  of  road 
administration  in,  350 

Yellowstone   National    Park,    appropriation 

for  roads  of,  277 
Young,  Lafayette,  244 


14  DAY  USE 

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